3 total
The court significantly reduced the successful defendants' claimed costs for a straightforward written leave to appeal motion.
This supplementary endorsement addresses the costs of an unsuccessful motion for leave to appeal brought by the plaintiff.
The defendants, having been entirely successful, were presumptively entitled to costs on a partial indemnity basis.
The court found the amounts claimed by the defendants' counsel to be excessive for a straightforward leave to appeal motion heard in writing, particularly the time allocated for legal research and drafting.
The court significantly reduced the claimed costs, setting a cap for fees on such motions, and awarded specific amounts to each defendant group.
TMJ assessment funded to investigate causation; other treatment plans already paid by insurer.
The Applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming a TMJ assessment, chiropractic services, and other assistive devices.
The Respondent denied the TMJ assessment on the basis that causation was not established, and denied the other claims pending submission to the Applicant's extended healthcare provider.
The Tribunal found the TMJ assessment reasonable and necessary to determine the nature and cause of the injury, noting the Applicant's multiple complaints of jaw pain to medical practitioners.
The Tribunal found the other treatment plans were no longer in dispute as they had been funded by the Respondent.
Both parties' requests for costs were denied.
Application for accident benefits dismissed with costs due to applicant's failure to attend arbitration hearing.
The applicant sought accident benefits following a motor vehicle accident but failed to attend scheduled medical examinations, pre-hearing conferences, and the arbitration hearing itself.
Her counsel was previously removed from the record after advising that the applicant had moved to Pakistan and could not be reached for instructions.
The arbitrator dismissed the application for arbitration due to the applicant's failure to participate and meet her onus of proof.
The insurer was awarded $4,592.83 in expenses for costs thrown away in defending the abandoned application.
