3 total
Costs of $10,000 awarded to successful party on child support motion; full indemnity denied.
The respondent mother sought costs of $17,122.13 on a full indemnity basis following her successful motion for retroactive and ongoing child support and section 7 expenses.
The applicant father argued costs should be limited to $1,000.
The court found no bad faith by either party and determined the mother's offer to settle did not strictly meet the requirements of Rule 18(14).
The court awarded the mother costs fixed at $10,000.
Father ordered to pay retroactive child support and proportionate share of section 7 expenses.
The respondent mother brought a motion for retroactive child support and payment of section 7 special and extraordinary expenses.
The parties resolved custody and access, agreeing to a shared parenting arrangement.
The court ordered the applicant father to pay child support based on his actual income and found the claimed section 7 expenses to be proper and reasonable, ordering the father to pay his proportionate share.
Personal vehicle insurer liable for accident benefits despite claimant driving a taxicab at time of accident.
The claimant was injured while driving a taxicab insured by Simcoe & Erie.
He also owned a personal vehicle insured by State Farm.
State Farm argued it was not liable to pay statutory accident benefits because its policy excluded coverage while the automobile was used as a taxicab.
The Director's Delegate held that the broad definition of 'insured person' in the Statutory Accident Benefits Schedule prevailed over the exclusionary language in the standard Owner's Policy.
Under the priority rules in section 268(2) of the Insurance Act, the claimant was required to claim benefits from State Farm, the insurer of his personal vehicle, despite the accident involving a taxicab.