Mr. Kumove

Following a 17-day trial resulting in a net judgment of approximately $472,000 for the plaintiffs, the court assessed costs.

The plaintiffs sought over $445,000 in fees and disbursements.

The court reduced the senior counsel's hourly rate, applied a 60% partial indemnity rate, and deducted amounts for unsupported time and disbursements.

The court declined the defendants' request to impose a $40,000 remedial penalty on the plaintiffs for refusing to mediate, noting such penalties should be proportionate to a party's financial strength.

Costs were fixed at $204,811.50 for fees and $42,545.30 for disbursements, plus HST.

The applicant was injured in a motor vehicle accident and sought income replacement benefits and medical benefits after the insurer terminated them.

The arbitrator found that the applicant was entitled to income replacement benefits for a limited period from July 22, 2000, to October 4, 2000, based on his family doctor's evidence of ongoing improvement.

However, relying on surveillance evidence and a Med Rehab DAC assessment, the arbitrator concluded the applicant was substantially able to perform his pre-accident employment as a welder after October 4, 2000.

The arbitrator also awarded $1,522 for chiropractic treatments but denied the claim for physiotherapy and massage treatments, finding them not reasonable and necessary.