David T.S. Wong

The Court of Appeal for Ontario dismissed the appeal of Carmela and Vincenzo Di Trapani from a costs order made after an 18-day civil jury trial regarding injuries sustained by William “Bill” Pye in a 2016 motor vehicle accident.

The trial judge awarded Pye costs of $995,854.50 and prejudgment interest at 3%.

The appellants argued the trial judge failed to scrutinize fees and disbursements, did not apply reasonableness and proportionality, and erred in awarding a higher prejudgment interest rate.

The Court of Appeal found no error in the trial judge’s approach, holding the costs and interest rate were reasonable and supported by the record.

The appellant, Kevin Jex, sought leave to bring an eighth motion to extend the time to perfect his appeal from the dismissal of his action for damages following a motor vehicle accident.

The Court of Appeal for Ontario dismissed the motion, finding that Jex had not demonstrated a continuing intention to proceed, had unreasonably refused to obtain necessary transcripts despite multiple indulgences, and had engaged in frivolous, vexatious, and abusive conduct, including misleading the court and harassing the court reporter.

The court concluded that granting further extensions would bring the administration of justice into disrepute.

The defendant insurer brought a motion for summary judgment seeking dismissal of the plaintiff’s insurance claim following an alleged vehicle theft.

The insurer argued that the plaintiff had made false statements regarding the purchase price and odometer reading of the vehicle, relying on s. 233(1) of the Insurance Act to assert that the claim was forfeited due to fraud and misrepresentation.

The court held that the motion was an inappropriate use of summary judgment in a simplified procedure action under Rule 76 of the Rules of Civil Procedure.

The case involved credibility issues and hearsay evidence that required assessment through viva voce evidence and cross-examination.

The court determined that the matter should proceed to a summary trial to properly evaluate the evidence and dismissed the motion.