Meredith A. Harper

This endorsement addresses costs following a summary trial where the plaintiff's claim was dismissed.

The defendant, who successfully defended the action, sought costs up to the maximum allowed under simplified procedure rules ($84,750).

The plaintiff did not make submissions.

The court considered factors under Rule 57.01, noting the defendant's counsel incurred excessive hours due to travel and having two counsel, and characterized the defendant's litigation approach as "scorched earth" and disproportionate.

The court also found neither party made serious efforts to resolve the case economically.

Ultimately, the court exercised its discretion to award the defendant costs fixed at $45,000, inclusive of fees, disbursements, and HST, which was less than the maximum sought.

The plaintiff sued the defendant for damages arising from a car collision.

The court found the defendant negligent and that his negligence caused certain injuries to the plaintiff.

However, the plaintiff's injuries, primarily cervical and lumbar strain exacerbating pre-existing chronic pain, along with some generalized anxiety and headaches, were found not to meet the statutory threshold for recovery of general damages or health care expenses under the Insurance Act.

The court determined that the impairments were not permanent or serious enough to substantially interfere with most of the plaintiff's usual activities of daily living, especially considering her significant pre-existing health issues and inconsistent participation in recommended treatments.

Consequently, the defendant's threshold motion was granted, and the action was dismissed.

This is an appeal from a trial judgment that found a third party, Dennis G. K. Chu, 50% responsible for injuries sustained by Tate Moran in a motor vehicle accident, requiring him to indemnify Ottavio Fabrizi for a settlement.

The trial judge determined that Chu's intentional tortious conduct (road rage) was a "but for" cause of Fabrizi running a red light and colliding with another vehicle.

Chu appealed, arguing errors in the application of the causation test, the failure to consider Fabrizi's negligence as an intervening act, and the misapplication of the "agony of the moment" doctrine.

The Court of Appeal dismissed the appeal, affirming that contribution and indemnity under the Negligence Act can apply where one tort is intentional and the other negligent.

The court upheld the trial judge's "but for" causation finding and clarified that the "agony of the moment" doctrine is a defence to the standard of care, not a causation issue, and is not available to the party who created the emergency.

An insurance priority dispute concerning whether an automobile insurance policy issued by Elite remained in force at the time of an accident.

Elite sent a purported notice of non-renewal in August 2010 for a policy ending September 20, 2010, based on the claimant's failure to register for a data-transmitting device within 12 months.

The arbitrator found the notice premature and that the policy had been terminated by mutual agreement of the parties despite the statutory continuation provision in section 236(5) of the Insurance Act.

The Superior Court appeal judge reversed, finding section 236(5) required the policy to remain in force.

The Court of Appeal allowed the appeal, finding the arbitrator's decision reasonable on both issues: the notice was premature and the policy was effectively terminated by the parties' conduct.

The appellant appealed a summary judgment dismissing her claim for Statutory Accident Benefits (SAB) on the ground that the limitation period had expired.

The respondent insurer issued an OCF-9 denying benefits in January 2007, and the claim was not commenced until approximately six years later.

The court upheld the summary judgment, finding that the denial of benefits was unequivocal and sufficient to trigger the running of the limitation period, even if the reasons provided were legally incorrect.

The court also rejected the appellant's submission that she was denied a fair hearing.