3 total
The court approved a $30,000 settlement and associated contingency fees for a minor's slip and fall claim.
This motion sought court approval for a proposed settlement affecting a minor plaintiff who sustained a wrist fracture from a slip and fall accident at school.
The defendants denied liability, raising issues of causation and damages.
The action settled for $30,000 at mediation.
The court approved the settlement, finding it reasonable, fair, and in the minor plaintiff's best interests, and also approved the counsel's fees and disbursements, noting the role of contingency fee agreements in providing access to justice.
Appeal dismissed; chain‑reaction rule made truck insurer 100% liable for loss transfer.
An insurer appealed a private arbitration award concerning a statutory accident benefits loss transfer dispute arising from a multi‑vehicle highway collision.
The arbitrator had found that a heavy commercial truck insured by the appellant caused a chain‑reaction collision and was 100% at fault under Rule 9(4) of the Fault Determination Rules, entitling the respondent insurer to full indemnification for benefits paid to its insured.
The appellant argued the incident constituted a pile‑up governed by Rule 11, which would limit liability to 50%, and challenged the finding of a collision involving its insured vehicle.
The court held the arbitrator’s factual findings were supported by the evidence and that Rule 9(4) was correctly applied because the other vehicles were stationary in the same lane at the time of impact.
The appeal was dismissed and the arbitration award affirmed.
Interest on overdue medical benefits runs from 30 days after receipt of the invoice or application.
The insurer appealed an arbitrator's decision awarding interest on outstanding medical benefits from the date the applications or invoices were received.
The insurer argued that based on a negative Designated Assessment Centre (DAC) report, the benefits only became overdue when the arbitrator ordered them payable.
The Director's Delegate dismissed the appeal, finding that the initial obligation to pay medical benefits arises 30 days after receipt of an invoice or application, regardless of a negative DAC report.
The interest provisions under the Schedule are compensatory, not punitive, and a negative DAC report merely delays payment of interest rather than forfeiting it.
