Brian Gualazzi

Following a three-and-a-half-week jury trial for a motor vehicle accident, the plaintiff was awarded $36,000 in damages.

As this amount was less than the vanishing deductible, the action was dismissed.

The defendant sought costs of $211,234.92, having beaten a pre-trial offer to settle.

The court reduced the costs award to $150,000, noting that the defendant's late production of documents and lengthy cross-examination unnecessarily extended the trial by one-and-a-half weeks.

The plaintiff was granted 12 months to pay the costs award.

The plaintiffs, residents of Ontario, were injured in a motor vehicle accident in Michigan when their vehicle was rear-ended by the defendant, a Michigan resident.

The plaintiffs commenced an action in Ontario and the defendant moved to stay the action, arguing that Ontario lacked jurisdiction simpliciter and was forum non conveniens.

The court dismissed the motion, finding a real and substantial connection to Ontario because the plaintiffs resided and received most of their medical treatment there, and the defendant, living in a border city, could reasonably foresee involvement in an accident with an Ontario resident.

The court also held that Ontario was the more convenient forum given the location of the plaintiffs' medical witnesses and the need to avoid a multiplicity of proceedings regarding their underinsured motorist coverage.