Court File and Parties

Citation: Phan v. Jevco Insurance Company, 2009 ONCA 823

Date: 2009-11-20

Docket: C50472

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] 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.

[2] We see no error in the reasons of the motion judge.

[3] The appeal is therefore dismissed with costs fixed at $8,400 inclusive of disbursements and G.S.T.

[4] The judgment of Echlin J. is amended on consent to provide for post judgment interest at the SABS rate of 2% per month compounded monthly.

[5] On consent, monies paid into court by Jevco may be paid out to the solicitors for the plaintiff in trust.

“K. Feldman J.A.”