K. O’Malley

The court issued supplementary reasons on consent of the parties to amend paragraph 246 of the original trial decision.

The amended order declares the life insurance certificates in full force and effect, dismisses the defendants' counterclaim, and orders the defendants to pay the plaintiff $8,543.82 for mortgage payments, the full balance of the mortgage, $10,000 in mental distress damages, and $150,000 in punitive damages.

Following a successful trial where the plaintiff was awarded coverage under two creditor protection insurance policies, mental distress damages, and punitive damages, the court determined the costs of the action.

The court awarded the plaintiff costs on a partial indemnity basis up to the date the defendants' amended counterclaim was ordered to issue, and on a substantial indemnity basis thereafter due to the defendants' reprehensible litigation conduct, unproven allegations of fraud, and failure to accept a reasonable offer to settle.

The plaintiff was awarded $260,000 inclusive of fees, disbursements, and HST.