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Appeal allowed in part; construction damage award reduced by 10% and pre-judgment interest disallowed.
The appellants appealed a trial judgment awarding the respondent damages for the cost of repairing her coach house, which was damaged by vibrations from the appellants' construction project.
The Court of Appeal upheld the trial judge's findings on liability, concluding that the evidence supported a change in construction methods and causation.
However, the Court reduced the damage award by 10 per cent to account for savings if the appellants had performed the repairs themselves and for pre-existing defects.
The Court also disallowed pre-judgment interest on the damages to prevent over-compensating the respondent, as the damages were assessed based on the cost of repairs at the date of trial.
Insurer's appeal dismissed; arbitrator's finding that insured met post-156 week disability test upheld.
The insurer appealed an arbitration decision that found the insured met the post-156 week test for weekly income benefits and ordered the insurer to pay ongoing benefits and certain medical and rehabilitation accounts.
The insurer argued the arbitrator failed to properly analyze surveillance evidence and conflicting medical opinions regarding the insured's pain-based limitations.
The Director's Delegate dismissed the appeal, finding that the arbitrator provided an adequate explanation for her conclusions, properly considered the surveillance evidence, and reasonably determined that the disputed accounts were necessary expenses.
