T.R. Lofchik

Following a trial where the plaintiff was awarded $565,000 in damages against the estate of her deceased former spouse, the plaintiff sought costs.

The court found that the executor of the estate engaged in reprehensible and reckless conduct, advancing groundless defences to harass the plaintiff and dissipate estate assets.

The court ordered the executor to personally pay the plaintiff's costs on a solicitor-client scale, fixed at $141,310 plus disbursements.

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for non-earner benefits and bad faith damages following a motor vehicle accident.

The court found that the plaintiff was statutorily barred from receiving non-earner benefits because she failed to submit a completed disability certificate indicating she met the statutory criteria, and she failed to attend a required section 44 insurer examination.

As there was no valid claim outstanding, the claim for bad faith damages was also dismissed.

The motion for summary judgment was granted and the action was dismissed.

The plaintiff tripped and fell on a municipal sidewalk, sustaining a rotator cuff tear.

She brought an action against the municipality for failing to maintain the sidewalk in a reasonable state of repair.

The court found that a height differential of 3/4 to 1.25 inches existed between sidewalk slabs, constituting a state of non-repair that the municipality failed to identify or repair.

However, the court also found the plaintiff 50% contributorily negligent for failing to pay attention to where she was walking.

Damages were assessed and reduced by 50%, resulting in an award of $107,765 to the plaintiff and $5,000 to her husband under the Family Law Act.