Ellie Nekiar

This decision addresses pre-judgment interest and costs following a trial where the plaintiffs were awarded damages against Legalett Canada Inc. for negligent misrepresentation and breach of collateral warranty, but their claim against Joshua Teixeira was dismissed.

The court awarded the plaintiffs pre-judgment interest and partial indemnity costs from Legalett.

Concurrently, the court awarded partial indemnity costs to Teixeira from the plaintiffs.

The court declined to issue a Sanderson or Bullock order, finding it was reasonable for the plaintiffs to sue Teixeira personally and that the defendants did not improperly shift responsibility onto each other.

The applicant sought interest on overdue income replacement benefits (IRBs), a rehabilitation benefit for an orthopedic mattress, and a special award following a motor vehicle accident.

The Tribunal found that the applicant was entitled to interest on the IRBs because the respondent conceded the benefits were payable, making them overdue under s. 51 of the Schedule.

The claim for the orthopedic mattress was dismissed as the applicant failed to prove it was reasonable and necessary, with both parties' physiatrists indicating it would not significantly assist with pain management.

The claims for costs and a special award were also dismissed as there was no evidence of bad faith or unreasonable delay by the respondent.