Nathan Mario Fabiano

Unifund Assurance Company brought a motion to enforce a settlement agreement requiring Dieter Knoppke to pay $600,000.

Alex Krek's estate sought a continuation order and removal of an encumbrance from title.

The court granted Unifund's motion, ordering Knoppke to pay the settlement amount with 5% pre-judgment interest.

The court also granted the Krek estate's requests.

While acknowledging Knoppke's egregious conduct, the court declined to award punitive damages due to his absence and lack of instructions to counsel, opting instead to award full indemnity costs to Unifund and partial indemnity costs to the Krek estate.

This endorsement addresses the costs arising from the dismissal of the plaintiff's motion to vary an order setting aside a dismissal of her action and to extend time, which also resulted in the dismissal of her action.

The court awarded costs to the City of Toronto and Toronto Transit Commission, with a 10% reduction due to the plaintiff's financial situation.

However, the court declined to award costs to the third party, Guild Electric Limited, on the basis that the plaintiff did not initiate the third-party claim.

The plaintiff, Ms. Emmanuel, sought general damages for injuries sustained in a motor vehicle accident.

A jury found her 75% at fault but awarded general damages and Family Law Act damages.

The court then conducted a threshold analysis under the Insurance Act to determine if Ms. Emmanuel's injuries constituted a permanent serious impairment of an important physical, mental, or psychological function.

The court found insufficient objective medical evidence to support permanence of physical injuries and no sufficient evidence for psychological injuries beyond 2017, especially considering her post-accident activities and lack of consistent treatment.

Consequently, the court dismissed the action, finding that Ms. Emmanuel did not meet the statutory threshold for non-pecuniary damages.