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Crown held liable for asbestos re-cleaning costs and withheld rent; costs order against non-party Crown set aside.
The Crown appealed a trial judgment finding it liable for withheld rent and extensive asbestos re-cleaning costs at a leased property.
Old Colony appealed the finding that it was liable to pay its cleaning contractor, Power Vac.
The Court of Appeal dismissed both liability appeals, finding the Crown's failure to follow safety regulations caused the contamination and labour dispute, and that Power Vac had substantially performed its contract.
However, the Court allowed the Crown's appeal regarding costs, setting aside the trial judge's order that the Crown pay the costs of the separate action between Old Colony and Power Vac.
Insurer ordered to pay $501.60 weekly income benefits and a $2,000 special award for unreasonable termination.
The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated weekly income benefits at the 156-week mark based on surveillance showing the applicant occasionally selling plants at a market.
At the hearing, the insurer conceded entitlement but disputed the quantum of the weekly benefit and the applicant's claim for a special award.
The arbitrator calculated the applicant's pre-accident income from his self-employed plant business and set the weekly benefit at $501.60.
The arbitrator also found that the insurer unreasonably terminated benefits at the 156-week mark without seeking updated medical information or making sufficient inquiries, and ordered a special award of $2,000.
