Matthew C. Owen

This is a costs endorsement following an appeal where success was divided between the parties.

The Court of Appeal for Ontario determined that, given the divided success, no order of costs would be made for the appeal.

The Court of Appeal for Ontario heard an appeal from a judgment awarding over $2.5 million in damages to a cyclist injured in a collision with a motor vehicle.

The appellants, the driver and the excess insurer, challenged the trial judge's findings on liability, damages, and costs.

The Court dismissed the appeal on liability, future care, deductions, and contingencies, upholding the trial judge's finding that the driver failed to discharge the reverse onus under the Highway Traffic Act.

However, the Court allowed the appeal regarding the past and future loss of income award, finding a palpable and overriding error in the trial judge's calculation of the pre-collision earning capacity by misinterpreting the currency of expert evidence.

The income loss award was varied to adjust the earning capacity figure to 2022 dollars instead of 2012 dollars.

The appellants, a condominium corporation and its snow removal contractor, appealed a trial decision finding them negligent for a slip and fall injury.

The respondent slipped on an icy roadway that had been plowed but not salted in a timely manner.

The appeal focused on the standard of care, arguing the trial judge misapprehended expert evidence and applied an unreasonable standard.

The Court of Appeal dismissed the appeal, affirming the trial judge's finding that the contractor's delay in applying road salt fell below the reasonable standard of care, given the foreseeable ice formation and the contractor's problematic system for salt application.