David Murphy

The plaintiff sought costs after successfully defending two motions by the defendants that attempted to restrain her from filing further requests to admit.

The plaintiff claimed approximately $62,895 in legal fees and disbursements and had made a Rule 49 offer to settle costs for $33,000 all-inclusive.

The defendants argued the claim was disproportionate to the nature of the motions and proposed significantly lower amounts.

Applying the principles of fairness, reasonableness, and proportionality under the Rules of Civil Procedure, the court found the claimed time and assistant billing rate excessive.

Costs were reduced and fixed at $20,000 all-inclusive.

The appellant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them.

The insurer argued the appellant's subsequent application for arbitration was time-barred under the two-year limitation period.

Applying the Supreme Court of Canada's decision in Smith v. Co-operators General Insurance Co., the Director's Delegate found that the insurer's termination notice was deficient because it failed to inform the appellant of the right to sue or arbitrate if mediation failed.

Consequently, a valid refusal was not given, the limitation period was not triggered, and the appellant's right to arbitrate was not barred.

The applicant was injured in a motorcycle accident and received weekly income benefits until the insurer terminated them in December 1996.

The applicant sought ongoing benefits under the post-104 week test, arguing he was continuously prevented from engaging in any suitable occupation.

Following the accident, the applicant started a small business selling garlic spread.

The arbitrator found that while the applicant could not return to his pre-accident employment, he had developed transferable skills through his new business that made sedentary sales work a suitable occupation.

However, because these skills were only developed after running the business for some time, the arbitrator awarded an additional 52 weeks of benefits, concluding the applicant was capable of working full-time by December 1997.

The claim for a special award was dismissed.