Kevin E. Kemp

Following a jurisdiction motion where the defendant insurers successfully argued that the court lacked jurisdiction over the proposed class actions, the insurers sought costs of approximately $620,000.

The court found this request preposterous and excessive, fixing costs payable by the plaintiffs to the 13 non-settling insurers at $28,000 on a partial indemnity basis.

The costs payable by the government regulator to the plaintiffs were settled at $12,500.

The plaintiffs brought a medical malpractice action following a balloon angioplasty procedure that resulted in a ruptured thoracic aorta.

The patient survived but suffered paraplegia and cognitive deficits, eventually passing away years later.

The court found that the interventional cardiologist and vascular surgeon breached the standard of care by failing to consult with a cardiac surgeon and by transferring the patient to the coronary care unit instead of directly to the operating room after an interim endovascular repair.

The court concluded that this delay in obtaining open cardiac surgery caused the patient's neurological injuries.

Judgment was granted for the plaintiffs for an agreed-upon amount of damages.

The plaintiffs filed proposed class actions against 15 auto insurers and the provincial regulator, FSCO, alleging improper deduction of HST from statutory accident benefits.

The defendant insurers brought motions to dismiss the actions for lack of jurisdiction, arguing the Licence Appeal Tribunal (LAT) has exclusive jurisdiction over such disputes.

The court agreed, dismissing the actions against the insurers and refusing to approve two early settlements, as the claims fell squarely within the LAT's exclusive jurisdiction under s. 280 of the Insurance Act.

However, the court found it had jurisdiction to hear the claims against FSCO for regulatory negligence, as those allegations did not directly concern benefit entitlements or amounts.