Following a jury trial in a personal injury action, the court addressed a post‑trial issue concerning the deductibility of disability insurance benefits received by the plaintiff.
The court determined that the jury had already effectively accounted for the benefits in its award and noted that the insurance had been privately purchased by the self‑employed plaintiff rather than provided through employment.
As a result, the plaintiffs were deemed successful and entitled to costs.
Upon reviewing the plaintiffs’ Bill of Costs, the court found the claimed hours excessive and reduced the recoverable legal fees while allowing disbursements and HST.
Costs were awarded in a reduced amount.
