Arthur R. Camporese

The appellant Minister appealed an arbitrator's decision holding the Motor Vehicle Accident Claims Fund liable to pay statutory accident benefits to a passenger injured in a snowmobile accident.

The passenger was riding on an uninsured snowmobile that crashed into a tree, followed 0.6 seconds later by an insured snowmobile crashing into the same tree.

The arbitrator found the insured snowmobile was not 'involved in the incident' because it did not cause or contribute to the injuries.

The Superior Court allowed the appeal, holding that the arbitrator erred in law by engrafting a causation requirement onto the plain meaning of 'involved in the incident' under s. 268(2)(1)(iii) of the Insurance Act.

Following a jury trial arising from a motor vehicle accident, the action was dismissed after statutory deductions eliminated the plaintiffs’ damages awards.

The defendant sought costs, arguing the trial result was more favourable than her pre‑trial settlement offer.

The plaintiffs opposed costs or sought reductions, relying on a minor damages award to one plaintiff, alleged failures to admit facts, hardship, and challenges to the defendant’s bill of costs.

The court held that the defendant, as the successful party, was entitled to partial indemnity costs throughout and rejected the plaintiffs’ arguments for offset or substantial reduction.

Certain disbursements were disallowed or reduced, and the total costs were fixed at $100,000 inclusive.