James W. Gibson

The respondent brought an unsuccessful motion for reconsideration in writing.

The court awarded costs to the responding parties, rejecting the moving party's argument that costs should be modest because the motion was made in writing.

The court found that the 18.6 hours spent by counsel responding to the motion was reasonable, as the motion required a review of materials filed on the appeal and arguments made at the hearing.

Costs were fixed at $8,249, inclusive of disbursements and HST.

The moving party sought an order to withdraw the Court of Appeal's reasons for decision dated September 19, 2017, and to grant a rehearing before a five-judge panel, or alternatively, to stay the decision pending determination of related appeals.

The moving party argued that the Court had effectively overruled Bannon v. Hagerman Estate without notice and had addressed a new issue regarding the Ontario Drug Benefit Program that was not raised by the parties.

The Court dismissed the motion, finding that it had not overruled Bannon but rather distinguished it on its facts, and that the Ontario Drug Benefit Program issue had been squarely addressed by both parties during the appeal.

This is a costs endorsement following a successful appeal by the defendants.

The appellants sought partial indemnity costs of $56,676.40, which reflected their full indemnity rate.

The respondent argued for a significant reduction, contending that the court's decision had changed the legal landscape in personal injury litigation.

The court reduced the costs award to $30,000 inclusive of disbursements and HST, reflecting a partial indemnity rate and accounting for the complexity of the issues involved.

Appeal from a jury trial judgment in a catastrophic motor vehicle accident case.

The appellants challenged five rulings by the trial judge regarding prejudgment interest, assignment of statutory accident benefits (SABs), and treatment of collateral benefits.

The Court of Appeal allowed the appeal in part, reducing the prejudgment interest rate from 5% to 2.5%, amending the retirement age for income replacement benefit assignment from age 60 to age 64, and ordering assignment of future SABs for medication, assistive devices, and professional services.

The court declined to order assignment of drug benefits after age 65 due to the Ontario Drug Benefit Program, but found the trial judge erred in treating this as a contingency rather than a certainty.