Eli Katz

Following a 70-day medical malpractice jury trial where the plaintiff was awarded $3.75 million in damages, the court determined the appropriate quantum of costs.

The plaintiff sought over $3.3 million in costs and disbursements, while the defendants argued for a significantly lower amount, citing proportionality and excessive hours.

The court analyzed the Rule 57 factors, noting the complexity of the case, the necessity of extensive preparation by plaintiff's counsel, and the fact that defence costs themselves exceeded $3.2 million.

The court fixed the plaintiff's costs at $2,404,765 for fees and $628,387 for disbursements, totaling $3,033,152.

The plaintiff suffered a severe traumatic brain injury in a motor vehicle accident.

Following a jury trial that apportioned liability between the defendants, this trial assessed the plaintiffs' damages.

The court awarded the primary plaintiff $275,000 in general damages, finding he sustained permanent cognitive and behavioural impairments but achieved moderate functional independence through extensive rehabilitation.

The court also awarded significant damages for future loss of income, future medical and rehabilitation expenses, and attendant care, while deducting collateral benefits received.

Additional awards were made for a 5% management fee and Family Law Act claims for the plaintiff's mother, sister, and daughters, including compensation for the sister's extensive caregiver services.