Katharine A. King

The Court of Appeal for Ontario issued an endorsement on costs following an appeal.

The court ordered the appellant to pay the respondent's costs of the appeal, fixed at $20,000 inclusive of GST and disbursements, finding the amount fair and reasonable given the time spent, the amount in question, and the limited number of issues.

The appellant insurer appealed a trial judgment ordering it to pay the respondent caregiver benefits, compound interest, and to provide an offer for loss of earning capacity benefits (LECB) following a motor vehicle accident.

The insurer had terminated caregiver benefits based on a Designated Assessment Centre (DAC) report.

The Court of Appeal upheld the trial judge's findings that the respondent remained substantially disabled from performing caregiving tasks and suffered a diminished earning capacity.

The Court also affirmed that the unpaid benefits were 'overdue' under the Statutory Accident Benefits Schedule, thereby attracting compound interest.

The appeal was dismissed.

The respondent utility mistakenly underbilled the appellant for electrical consumption.

The respondent obtained judgment for the full amount of the underbilling.

The appellant appealed, arguing the trial judge erred in finding no evidence to support its estoppel defence.

The Court of Appeal dismissed the appeal, agreeing with the trial judge that the appellant failed to show the required element of detriment, as the unexpected profits from the undercharging were used for discretionary reinvestment in the business.