This is a costs endorsement following a motor vehicle accident trial where the plaintiff, Yolanda Girao, was unsuccessful in her claim for non-pecuniary damages against Lynn Cunningham due to failing to meet the statutory threshold, and her claim for past loss of income was reduced to zero.
The jury found Cunningham 100% at fault, leading to the dismissal of the action against Allstate Insurance Company of Canada.
Cunningham sought costs against Girao, and Allstate sought costs against Cunningham (via a Sanderson order) or, alternatively, against Girao.
The court awarded Cunningham costs against Girao on a partial indemnity scale.
The court also granted a Sanderson order, requiring Cunningham to pay Allstate's costs on a partial indemnity scale, finding that Cunningham's position regarding an unidentified motorist compelled the plaintiff to sue Allstate, and Cunningham failed to shift responsibility.
