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The court significantly reduced the successful plaintiffs' costs award due to the vast disproportion between the $10.15 million claimed and the $105,000 recovered.
Following a successful civil action for abuse against their father, Liviu Calin, plaintiffs Ana and Ilinca Calin sought costs of over $395,000.
The court, applying Rule 57.01 factors, found the requested costs disproportionately high given the significant disparity between the $10.15 million claimed and the $105,000 awarded.
While acknowledging the plaintiffs' success and the principles of the Victims' Bill of Rights, the court determined that the plaintiffs' pursuit of unrealistic claims, particularly for income loss and incidents in Romania, unnecessarily lengthened proceedings.
The court awarded the plaintiffs $100,000 in costs, reduced by a prior $17,000 order against them, resulting in a net payment of $83,000 from the defendant.
Insurer ordered to pay disputed treatment plans and a 50% special award for unreasonable denial.
The applicant was injured in a motor vehicle accident and sought various medical benefits, including physiotherapy, occupational therapy, and psychological services, which the respondent insurer denied.
The Licence Appeal Tribunal found that the applicant's compression fracture was caused by the accident and that the disputed treatment plans were reasonable and necessary.
The Tribunal also found that the respondent unreasonably withheld benefits, particularly where its own assessors had recommended treatment, and ordered a 50% special award under s. 10 of Regulation 664 along with interest on overdue payments.
