This endorsement addresses the issue of costs following a jury trial where The Co-operators General Insurance Company was wholly successful in two consolidated claims against Bagwandat (Ron) Doobay.
The jury found Mr. Doobay not catastrophically impaired, not entitled to income replacement benefits, and awarded Co-operators $60,000 for repayment of benefits and punitive damages.
The court awarded Co-operators substantial indemnity costs from the date of their offer to settle and partial indemnity costs prior to that, totaling $135,400.00.
The court rejected Mr. Doobay's argument of impecuniosity, noting his prior assets and the existence of an adverse costs insurance policy.
It also ruled that costs previously awarded in arbitration could not be claimed in these court proceedings.
