Court File and Parties
Court of Appeal for Ontario
Before: Feldman, Armstrong and Epstein JJ.A.
Between:
Thu Phan Respondent (Plaintiff)
and
Jevco Insurance Company Appellant (Defendant)
Counsel: Dan Rabinowitz, for the appellant Alan L. Rachlin, for the respondent
On appeal from the decision of Justice Elizabeth Stewart of the Superior Court of Justice dated April 17, 2009
Appeal Book Endorsement
[1]
Analysis
The appellant argued that the motion judge erred by finding that on the issue of the proper quantum for housekeeping expenses under s. 22 of the SABS, the number of hours and rate per hour were trivial issues. In our view, the motion judge made no error. She went on to find that the defence was weak and did not raise a serious issue for trial. Her finding was made in the context of the evidence heard and considered by Echlin J. and his finding that in this case, “by any reasonable standard, housekeeping and home maintenance will exceed the statutory maximum of $100/week”. Counsel advised the court that this was the only error he relied on and that the punitive damages would be an issue for trial, only if the case were to go to trial.
2We see no error in the reasons of the motion judge.
[3]
Disposition
The appeal is therefore dismissed with costs fixed at $8,400 inclusive of disbursements and G.S.T.
4The judgment of Echlin J. is amended on consent to provide for post judgment interest at the SABS rate of 2% per month compounded monthly.
5On consent, monies paid into court by Jevco may be paid out to the solicitors for the plaintiff in trust.
“K. Feldman J.A.”