2 total
The court awarded reduced partial indemnity costs to a successful defendant in a personal injury action, emphasizing access to justice.
Following an unsuccessful personal injury action where a jury found no negligence on the defendant's part but assessed damages over $300,000, the court rendered a decision on costs.
The defendant sought substantial indemnity costs totaling over $485,000.
The plaintiffs argued for no costs, citing the exceptional "inevitable accident" finding and access to justice principles.
The court awarded the defendant partial indemnity costs from the date of their offer to settle, but significantly reduced the quantum to $184,000, inclusive of fees, HST, and disbursements.
The court declined to award costs against the Family Law Act claimants and limited the award to Katherine Pyatt, emphasizing reasonableness, access to justice, and the specific circumstances of the case.
Claim for weekly benefits dismissed as medical evidence showed applicant could perform essential tasks.
The applicant sought weekly benefits following a motor vehicle accident, claiming a substantial inability to perform his pre-accident essential tasks.
The insurer terminated benefits based on independent medical examinations and a functional abilities evaluation indicating symptom magnification and an ability to perform daily activities.
The arbitrator found the applicant's evidence inconsistent and accepted the medical evidence that he was capable of performing his essential tasks.
The claim for weekly benefits was dismissed, but the applicant was awarded his arbitration expenses as the claim was not frivolous.
