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Unsuccessful plaintiffs ordered to pay defendants' costs, but defendants must pay third parties' costs.
Following the dismissal of the plaintiffs' personal injury action on summary judgment, the court determined the costs payable.
The defendants sought costs from the plaintiffs and argued the plaintiffs should also be liable for the costs of the third parties, whom the defendants had joined.
The court applied the general rule that an unsuccessful plaintiff is not responsible for the costs of third parties they did not sue, finding no exceptional circumstances to depart from this rule.
The plaintiffs were ordered to pay the defendants $44,000 in partial indemnity costs, while the defendants were ordered to pay the full costs claimed by the various third parties, totaling over $133,000.
An application for accident benefits need not be on a specific form to trigger insurer obligations.
Four individuals injured in a motor vehicle accident received treatment from a chiropractor, who submitted OCF-23 forms to the appellant insurer.
The appellant argued these forms did not constitute a 'completed application for benefits' under s. 2 of O. Reg. 283/95.
The arbitrator and application judge found that the forms provided sufficient particulars to reasonably assist the insurer with processing the application and assessing the claim.
The Court of Appeal dismissed the appeal, confirming that an application need not be on a specific form to trigger the 'pay now, dispute later' obligation, provided it contains sufficient information to commence adjusting the claim.
