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The court upheld an arbitration award requiring an insurer to pay class counsel fees but not settlement administration costs.
This appeal concerns whether Honda Canada Inc. is entitled to indemnity from Tokio Marine & Nichido Fire Insurance Ltd. for class counsel fees and settlement administration costs arising from the settlement of class actions related to defective air bag actuator components.
The court upheld the arbitration award requiring Tokio to indemnify Honda for class counsel fees under the umbrella liability policy, but not for settlement administration costs, which were found to be excluded as recall or product withdrawal expenses.
Costs denied to successful defendants who unnecessarily complicated litigation to set aside a Mareva injunction.
The defendants were successful in setting aside an ex-parte Mareva injunction after their marital situation changed, eliminating the risk of them fleeing the jurisdiction.
The defendants sought costs as the successful party, while the plaintiff argued that no costs should be awarded due to the defendants' conduct complicating the litigation.
The court applied Rule 57.01(1) of the Rules of Civil Procedure and found that the defendants unnecessarily complicated the matter by litigating the sale of the matrimonial home.
Furthermore, the injunction was set aside due to changed circumstances, not any failure by the plaintiff.
The court ordered that no costs be awarded to either party.
