The moving party, an uninsured motorist, sought an extension of time and leave to appeal a trial judge's costs order.
Following the dismissal of the plaintiffs' personal injury action due to exaggerated claims, the trial judge ordered the moving party to be jointly and severally liable for the responding insurer's costs.
The moving party argued that as a successful party against the plaintiffs, he should not be liable for costs, and questioned whether the insurer had an independent right to claim costs against him under section 265 of the Insurance Act.
The court granted the extension of time and leave to appeal, finding sufficient uncertainty in the law regarding the intersection of the insurer's common law rights and the statutory subrogation scheme.
