Lisa Pool

This was a costs decision following the defendant's successful summary judgment motion in a statutory accident benefits action.

The court held that substantial indemnity costs were warranted because the plaintiff delayed for years in making the accident benefits claim and made unsupported allegations of dishonesty against the insurer.

The defendant's bill of costs was found to be modest.

Costs were fixed at $10,000 all-inclusive, payable by the plaintiff to the defendant.

The defendant insurer moved for summary judgment dismissing a Statutory Accident Benefits action arising from a 2003 motor vehicle accident.

The plaintiff did not file an application for accident benefits until 2014, despite receiving the required materials shortly after the accident and consulting counsel in 2009 about a potential claim.

The court held that the evidence could not establish a reasonable explanation for the extensive delay under s. 31 of O. Reg. 403/96, especially the unexplained period from 2009 to 2014.

The court also found the evidence incapable of supporting entitlement to benefits or a bad faith claim, and granted summary judgment dismissing the action.