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Costs fixed at $10,000 for successful defendants due to plaintiff's financial hardship and tragic circumstances.
Following a jury trial where the defendants were found not liable for an assault on the plaintiff by other bus passengers, the defendants sought costs of $52,599.40.
The plaintiffs argued for a moderate costs award of $5,000 to $10,000 due to financial hardship and the reasonableness of the claim.
The court exercised its discretion under section 131 of the Courts of Justice Act and Rule 57.01, fixing costs at $10,000 all inclusive, noting the plaintiff's significant injuries and financial hardship.
Insurer ordered to pay ongoing weekly income benefits due to applicant's debilitating and unpredictable headaches.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them.
The applicant applied for arbitration, claiming ongoing weekly income benefits on the basis that severe, unpredictable headaches caused by the accident continuously prevented him from engaging in any occupation for which he was reasonably suited.
The Arbitrator found the applicant credible and accepted medical evidence that his severe headaches were debilitating and unpredictable.
The Arbitrator concluded that the applicant was continuously prevented from engaging in suitable employment and ordered the insurer to pay ongoing weekly income benefits and arbitration expenses.
