Dr. Garber

Following the settlement of a motor vehicle accident tort claim, the plaintiffs brought a motion for costs and an increase in the pre-judgment interest rate.

The court assessed the costs of the civil action, reducing the amount claimed to account for expenses incurred due to a trial adjournment requested by the plaintiffs.

The court also considered whether the tort defendant should contribute to the costs the plaintiffs incurred in parallel statutory accident benefits (SABs) proceedings, ultimately ordering a $20,000 contribution because the SABs settlements significantly reduced the defendant's tort exposure.

The plaintiffs' request to increase the pre-judgment interest rate to offset statutory deductible increases was dismissed.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them at the two-year mark.

The applicant brought a motion for interim benefits pending arbitration.

The arbitrator found that the applicant had demonstrated a strong case for ongoing entitlement and severe financial hardship.

The arbitrator also excluded video surveillance evidence proffered by the insurer due to late and incomplete disclosure under Rule 40 of the Dispute Resolution Practice Code.

The motion for interim benefits was granted.