2 total
Fitness instructor not liable for injuries sustained by participant struck by bouncing medicine ball.
The plaintiff sued a fitness instructor and gym for injuries sustained when an air-filled medicine ball bounced and hit her in the chin during a 'slam ball' exercise.
The plaintiff alleged the instructor was negligent for providing a bouncing ball without proper instruction or warning.
The court found that the instructor met the standard of care, having provided adequate verbal and visual instructions, and that using an air-filled ball was consistent with industry standards.
The action was dismissed, with the court concluding the plaintiff was the author of her own misfortune.
Successful insurer awarded $2,800 in expenses for a straightforward, single-issue appeal.
Following the dismissal of the appellant's appeal regarding whether he was injured in an 'accident', the successful insurer requested an expense hearing.
The insurer claimed $6,789.53 in fees and $731.99 in disbursements.
The Director's Delegate found the claimed fees excessive for a straightforward, single-issue appeal and noted that court reporter costs are not recoverable disbursements.
Making a global assessment of reasonable expenses, the Delegate ordered the appellant to pay the insurer $2,800 inclusive of disbursements and HST.
