K. Bonn

Following a four‑week jury trial arising from a motor vehicle collision caused by an impaired driver, the plaintiffs obtained a damages verdict of $220,000 but a much smaller net judgment after statutory deductions and accident benefits offsets.

Both parties sought costs, relying on competing Rule 49 settlement offers and arguments concerning proportionality and the impact of statutory deductibles.

The court held that statutory deductibles are not considered when determining entitlement to costs and rejected the defendant’s argument that its offers were more favourable.

After reviewing the complexity of the trial, expert evidence, motions, and proportionality considerations, the court fixed the plaintiffs’ costs at $250,000 in fees plus $126,598.48 in disbursements and applicable HST.

The court further concluded that recent amendments to the Insurance Act affecting cost calculations should not apply retroactively to this litigation.

Following a jury award in a personal injury action, the parties sought clarification of the terms of judgment concerning deductions for statutory accident benefits relating to housekeeping expenses and disclosure of litigation insurance.

The defendant argued that housekeeping benefits previously received under the Statutory Accident Benefits Schedule should be deducted from both past and future housekeeping awards.

The plaintiffs submitted that benefits for past housekeeping could only be deducted from the jury’s award for past housekeeping losses and not from future losses.

The court accepted the plaintiffs’ position, holding that past benefits cannot be deducted from future losses, and confirmed the higher judgment amount.

The defendant’s request for disclosure of litigation insurance was found to be premature and unnecessary at that stage.

Following a civil jury verdict arising from a motor vehicle accident, the court was asked to settle the terms of judgment including deductions for statutory accident benefits, the applicable statutory deductible under the Insurance Act, and the appropriate prejudgment interest rate.

The defendant sought to deduct the full amount allocated to income replacement benefits in a prior accident benefits settlement, while the plaintiffs argued only amounts clearly matching the jury award should be deducted.

The court held the settlement allocation for income replacement benefits was binding and deductible.

However, it accepted the plaintiffs’ position that the increased statutory deductible introduced shortly before trial should not apply retrospectively, maintaining the earlier deductible amount.

Exercising discretion under the Courts of Justice Act, the court also set prejudgment interest at 3%.

The defendant brought a threshold motion under s. 267.5(5) of the Insurance Act arguing the injured plaintiff had not sustained a permanent serious impairment of an important physical, mental, or psychological function following a motor vehicle collision.

Conflicting medical evidence was presented regarding chronic pain, psychiatric impairment, and the causal connection between the collision and the plaintiff’s symptoms.

The court accepted expert evidence linking facet joint injuries and chronic pain to the accident and found the plaintiff’s condition substantially interfered with his ability to perform the heavy physical duties of his construction business.

The court also rejected suggestions that the plaintiff was malingering.

The plaintiff met the statutory threshold for non‑pecuniary damages.