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Successful plaintiff awarded substantial indemnity costs after beating settlement offers.
Following a jury trial arising from a motor vehicle accident in which the plaintiff recovered $794,603 in damages, the court determined the appropriate costs award.
The plaintiff sought partial indemnity costs to the date of an offer to settle and substantial indemnity costs thereafter under Rule 49.10 of the Rules of Civil Procedure.
The defendants argued the plaintiff’s legal fees and disbursements were excessive, including the use of two senior counsel and multiple expert reports.
The court found the litigation complex and lengthy, noting the plaintiff’s complete success at trial and the defendant’s failure to make reasonable settlement offers.
Applying the discretion under s.131 of the Courts of Justice Act and Rule 57 principles, the court fixed costs significantly in favour of the plaintiff while disallowing certain expert disbursements for witnesses not called at trial.
Defendant's threshold motion dismissed as plaintiff established permanent serious impairment from a motor vehicle accident.
During jury deliberations in a motor vehicle accident trial, the defendant brought a motion to determine whether the plaintiff's claims were barred by the statutory threshold under Bill 59 of the Insurance Act.
The court reviewed the medical evidence and the plaintiff's testimony regarding her chronic pain, fatigue, and psychological impairments.
Applying the test from Meyer v. Bright, the court found that the plaintiff had sustained a permanent serious impairment of an important physical, mental, or psychological function.
The defendant's motion was dismissed.
