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Arbitrator lacks jurisdiction to determine catastrophic impairment where no specific benefits are claimed.
The applicant was injured in a motor vehicle accident and sought a determination of catastrophic impairment from the insurer.
The insurer denied the determination, and the applicant applied for arbitration at the Financial Services Commission of Ontario.
The insurer raised a preliminary issue of whether an arbitrator has jurisdiction to determine catastrophic impairment when the application does not seek payment of any specific benefits.
The arbitrator held that, following the Court of Appeal's decision in Machaj, a claim for a determination of catastrophic status is distinct from a claim for specific benefits.
Because there was no claim for specific benefits in this matter, a finding of catastrophic impairment could not be made, as it would have no practical effect and be merely academic.
Plaintiffs awarded $33,000 in costs for settled and unargued motions, despite bringing a premature production motion.
The plaintiffs sought costs for several motions that were either settled or not heard, including an injunction motion, a motion to amend pleadings to add a fraudulent conveyance claim, and a motion for production of documents.
The underlying action involved a dispute over $500,000 in life insurance proceeds.
The court found that the plaintiffs were put to significant time and expense because the defendants initially refused to voluntarily freeze the insurance proceeds, which necessitated the injunction motion.
However, the court also found that the plaintiffs' motion for production of documents was premature as no discoveries had been held.
Balancing these factors and the principles of reasonableness and proportionality, the court awarded the plaintiffs $33,000 in costs.
Motion granted adding the Ontario Nurses' Association as a party to the appeals on conditions.
The Ontario Nurses' Association brought a motion to be added as a party to both the trial appeal and the reconsideration appeal.
The court granted the motion, adding the Association as a party on conditions including a 30-page limit on its factum, a 30-minute limit on oral submissions, and no costs awarded to or against it.
Jury's apportionment of liability and trial judge's costs premium upheld on appeal.
The appellants appealed a jury verdict apportioning liability for a motor vehicle accident involving a child on a rock slide, and the trial judge's award of a $25,500 costs premium to the plaintiffs.
The Court of Appeal upheld the jury's finding that the driver was only 10% responsible, noting the high threshold for interfering with a jury's apportionment.
The court also upheld the costs premium but allowed an amendment to reduce the judgment by $10,921.44 based on recent case law.
