2 total
The court significantly reduced the successful defendants' claimed costs for a straightforward written leave to appeal motion.
This supplementary endorsement addresses the costs of an unsuccessful motion for leave to appeal brought by the plaintiff.
The defendants, having been entirely successful, were presumptively entitled to costs on a partial indemnity basis.
The court found the amounts claimed by the defendants' counsel to be excessive for a straightforward leave to appeal motion heard in writing, particularly the time allocated for legal research and drafting.
The court significantly reduced the claimed costs, setting a cap for fees on such motions, and awarded specific amounts to each defendant group.
Appeal dismissed; injuries from a drive-by shooting do not arise from the use or operation of an automobile.
The appellant, an innocent bystander, was rendered paraplegic after being struck by a bullet fragment during a drive-by shooting.
She brought an action against the unidentified driver of the vehicle and her own automobile insurer under the OPCF 44R Endorsement.
The insurer successfully moved for summary judgment on the basis that the injuries did not arise directly or indirectly from the use or operation of an automobile.
The Court of Appeal dismissed the appeal, finding that while the vehicle was used for an ordinary purpose, the shooting was a distinct and intervening act that broke the chain of causation.
