Elise Jill Hallewick

This costs decision follows the trial judgment in a motor vehicle insurance dispute.

The court addresses the adjustment of the judgment for a Pierringer Agreement, calculation of prejudgment interest, and the appropriate scale and quantum of costs.

The court finds that the net damages to be paid by Economical are $13,008.86, with prejudgment interest of $1,292.14, and costs awarded on the Small Claims Court scale, totaling $7,909.26.

The decision discusses the application of Rule 49 offers, proportionality, and the policy behind limiting costs where the claim could have been brought in Small Claims Court.

The plaintiff, the Estate of Ercan Balpinar, brought an insurance claim against Economical Mutual Insurance Company and Highland Auto Body regarding inadequate repairs to a cargo van.

The vehicle was damaged in an accident, and Economical elected to repair it.

The plaintiff alleged the repairs were insufficient, particularly concerning frame damage, and sought further compensation, including for storage and a replacement vehicle, and punitive damages.

The court found that the initial repairs were inadequate and that a problem with the right front wheel, indicative of frame/suspension issues, was only corrected after a frame replacement years later.

The court awarded the plaintiff the cost of the frame replacement and towing charges, and limited storage and rental vehicle costs, but denied punitive damages, finding no bad faith on Economical's part.

The court emphasized the insurer's responsibility to ensure competent repairs when electing to repair a vehicle.

The defendant brought a motion seeking an order for the plaintiff, Rafik Yasso, to undergo independent medical examinations (IMEs) by a neuropsychologist and a physiatrist.

The plaintiff opposed, citing past negative experiences with IME scheduling and the triggering of his anxiety/PTSD.

The court found that the defendant had a procedural and substantive entitlement to these examinations.

Despite the plaintiff's past difficulties, the court determined there was no compelling reason preventing his participation and that the prejudice to the defendant in proceeding to trial without responding medical evidence outweighed the plaintiff's inconvenience.

The motion was allowed, and the plaintiff was ordered to attend the IMEs, with no costs awarded due to shared responsibility for the difficulties.

This medical malpractice action concerned the plaintiff's claim of chronic pain resulting from the defendants' alleged negligence in treating a ruptured Achilles tendon.

The court found that while Dr. Boivin breached the standard of care by failing to properly immobilize the plaintiff's foot or refer her to a specialist, and Kingsway Health Centre was negligent in administrative follow-up, these breaches did not cause the plaintiff's injuries.

The plaintiff's own non-compliance with medical advice and delay in seeking surgery were found to be the cause of her worsened condition.

The court also found the plaintiff to be an unreliable and incredible witness regarding her injuries and financial losses.

The action was dismissed.

The plaintiff sought default judgment arising from allegations of sexual abuse and breach of fiduciary duty by the defendants from 1978 to 1983.

The defendants failed to participate in the litigation process, leading to an uncontested trial on liability and damages.

The court found the defendants liable for sexual battery and breach of fiduciary duty.

Damages were assessed for general and aggravated damages, future care costs, and past care costs.

The court applied the "crumbling skull" rule, reducing the damage award by 25% due to the plaintiff's pre-existing psychological conditions from prior abuse.

The court also awarded substantial indemnity costs and prejudgment interest.