Dr. Soon-Shiong

The appellants were involved in a rear-end motor vehicle collision and sued for personal injuries.

At trial, the judge failed to instruct the jury that the evidentiary burden shifts to the defendant in a rear-end collision.

Furthermore, the trial judge permitted the respondents to introduce extensive surveillance evidence that had not been disclosed in an affidavit of documents, leading to a trial by ambush.

The Court of Appeal allowed the appeal, substituted a finding of liability against the respondents, and ordered a new trial on the issue of damages due to the severe prejudice caused by the undisclosed surveillance evidence.

Following the dismissal of the plaintiffs' personal injury claims at a jury trial, the court assessed costs payable to the successful defendants.

The plaintiff argued impecuniosity, but the court found he failed to meet the evidentiary threshold to prove an inability to pay.

The court awarded the defendants partial indemnity costs up to the date of their reasonable settlement offer, and substantial indemnity costs thereafter, fixing total fees at $180,000 plus HST and disbursements at $51,554.18.