Danielle Young

The appellant appealed the decision of a status hearing judge who dismissed her 2004 action for delay under Rule 48.14(13) of the Rules of Civil Procedure.

The status hearing was held five years after the statement of defence was filed.

The Court of Appeal found that the status hearing judge was entitled to accept the history of the action as described in the defence affidavit and that his order dismissing the action was justified.

The appeal on the merits and leave to appeal costs were dismissed.

The insurer appealed a jury verdict awarding disability benefits to the plaintiff, arguing that the plaintiff's counsel made improper comments during the closing address and that the verdict was perverse.

The plaintiff cross-appealed the trial judge's decisions on punitive damages, prejudgment interest, the form of judgment, and costs.

The Court of Appeal dismissed both the appeal and the cross-appeal, finding that the trial judge's instructions to the jury were adequate, the jury's verdict was supported by evidence, and there was no error in the trial judge's exercise of discretion regarding the cross-appeal issues.