Following the settlement of a motor vehicle accident tort claim for $100,000, the parties disputed the plaintiff's entitlement to costs.
The plaintiff sought costs of the action as well as 'Cadieux costs'—the costs incurred in recovering collateral benefits from her disability insurer, automobile insurer, and the Canada Pension Plan, which reduced her tort claim.
The defendant argued that legislative changes giving the Licence Appeal Tribunal exclusive jurisdiction over benefit disputes precluded the court from awarding such costs, and that Cadieux costs could not be awarded where an action settles before trial.
The court rejected these arguments, finding it retained jurisdiction to award costs incidental to the recovery of benefits that benefitted the tortfeasor.
The court awarded the plaintiff $90,000 in total costs, including $30,000 in Cadieux costs.
