Marcel Strigberger

Following the dismissal of the plaintiff's claim, the defendants requested an order to amend the title of proceedings to correct the corporate defendant's name.

The plaintiff consented to the amendment.

The court granted leave to amend the title of proceedings pursuant to Rule 26.01 of the Rules of Civil Procedure.

Following the dismissal of the plaintiff's claim on a summary judgment motion brought by the defendants, the court determined the quantum of costs.

The self-represented plaintiff opposed the costs sought, raising various arguments including her intention to seek a rehearing.

The court rejected the plaintiff's arguments, applied the factors under Rule 57.01, and fixed the defendants' costs at $22,500 on a partial indemnity basis.

Following a ten-day jury trial where the plaintiff was awarded $18,076, the parties made submissions on costs.

The defendants had made a pre-trial offer to settle of $25,000, which the plaintiff did not beat, engaging Rule 49.10.

The court declined to deny the plaintiff costs under the simplified procedure or small claims rules, finding the ordinary procedure was reasonable.

Applying the principle of proportionality, the court awarded the plaintiff $34,000 for pre-offer costs and the defendants $62,000 for post-offer trial costs, resulting in a net costs award of $28,000 payable by the plaintiff to the defendants.

The parties resolved all substantive issues regarding statutory accident benefits prior to the arbitration hearing, leaving only the quantum of expenses to be determined.

The arbitrator reviewed the applicant's counsel's time dockets, disbursements, and settlement offers.

Finding the counsel's efforts reasonable and noting his 30 years of experience, the arbitrator awarded the maximum hourly rate of $150.

The insurer was ordered to pay $7,972.50 in fees, $478.35 in GST, and $4,213.47 in disbursements.

The applicant was injured in a minor rear-end motor vehicle accident and received income replacement benefits until they were terminated following a DAC assessment.

He applied for arbitration seeking reinstatement of IRBs, a loss of earning capacity benefit offer, and transportation expenses, claiming severe psychological and physical impairments.

The arbitrator dismissed the claims, finding that the applicant exaggerated his symptoms and was malingering.

The arbitrator concluded that the applicant's physical complaints were related to pre-existing conditions, including post-polio syndrome and degenerative disc disease, and that the minor impact of the collision could not account for his extreme clinical presentation.

Video surveillance showing the applicant walking normally without a cane further undermined his credibility.