Carmen Mihaela Baru

This costs decision follows the trial judgment in a motor vehicle insurance dispute.

The court addresses the adjustment of the judgment for a Pierringer Agreement, calculation of prejudgment interest, and the appropriate scale and quantum of costs.

The court finds that the net damages to be paid by Economical are $13,008.86, with prejudgment interest of $1,292.14, and costs awarded on the Small Claims Court scale, totaling $7,909.26.

The decision discusses the application of Rule 49 offers, proportionality, and the policy behind limiting costs where the claim could have been brought in Small Claims Court.

The plaintiff, the Estate of Ercan Balpinar, brought an insurance claim against Economical Mutual Insurance Company and Highland Auto Body regarding inadequate repairs to a cargo van.

The vehicle was damaged in an accident, and Economical elected to repair it.

The plaintiff alleged the repairs were insufficient, particularly concerning frame damage, and sought further compensation, including for storage and a replacement vehicle, and punitive damages.

The court found that the initial repairs were inadequate and that a problem with the right front wheel, indicative of frame/suspension issues, was only corrected after a frame replacement years later.

The court awarded the plaintiff the cost of the frame replacement and towing charges, and limited storage and rental vehicle costs, but denied punitive damages, finding no bad faith on Economical's part.

The court emphasized the insurer's responsibility to ensure competent repairs when electing to repair a vehicle.

The moving party sought to quash an appeal and dismiss a related motion for leave to appeal on jurisdictional grounds.

The Court of Appeal determined it lacked jurisdiction to hear the appeal, applying principles from *Iris Technologies Inc. v. Rogers Communications Canada Inc.*, which held that under s. 17(9) of the *Arbitration Act, 1991*, there is no further right of appeal from a Superior Court judge's decision reviewing an arbitrator's preliminary jurisdictional ruling.

The Superior Court had overturned an arbitrator's decision regarding the validity of a lease and its arbitration clause.

Consequently, both the appeal and the motion for leave to appeal were quashed.

The applicant creditors sought to continue an application for a bankruptcy order against the debtor, The Quiet Voice Productions Inc., after abandoning a partially argued motion.

The debtor had filed a Notice of Intention to Make a Proposal.

The court declined to hear the bankruptcy application immediately due to time limitations and the applicants' failure to allow previously ordered cross-examinations on affidavits.

The court issued orders to manage the proceedings, including directions for the proposal vote, future hearings for the bankruptcy application or proposal approval, and completion of cross-examinations, while also freezing the debtor's funds.