The appellant appealed the trial judge's award of costs for a mistrial, the quantum of trial costs, and the sequence of deducting income replacement benefits from the damages award.
The Court of Appeal upheld the costs awards as discretionary decisions entitled to deference.
However, the Court allowed the appeal regarding the deduction of income replacement benefits, holding that under the former s. 267(1) of the Insurance Act, the deduction must be made from the damages actually awarded after the reduction for contributory negligence, and from the global award for loss of income.
The net damages award was varied to $205,985.
