R. Khan

The moving party, who was found vicariously liable for 40% of the plaintiffs' damages in a motor vehicle accident, brought a motion for judgment on its cross-claim against the responding parties, who were found 60% liable.

The responding parties had previously settled with the plaintiffs for their policy limits but were not released from cross-claims.

The moving party paid the balance of the plaintiffs' damages and costs, exceeding its 40% share, and sought contribution and indemnity under s. 1 of the Negligence Act.

The responding parties argued that s. 1 did not apply because the moving party was only vicariously liable and not at fault.

The court rejected this argument, holding that s. 1 applies to vicariously liable parties to ensure fair allocation of financial responsibility.

The moving party was granted judgment for the excess damages and a portion of the costs it paid.

The plaintiff suffered a severe traumatic brain injury in a motor vehicle accident.

Following a jury trial that apportioned liability between the defendants, this trial assessed the plaintiffs' damages.

The court awarded the primary plaintiff $275,000 in general damages, finding he sustained permanent cognitive and behavioural impairments but achieved moderate functional independence through extensive rehabilitation.

The court also awarded significant damages for future loss of income, future medical and rehabilitation expenses, and attendant care, while deducting collateral benefits received.

Additional awards were made for a 5% management fee and Family Law Act claims for the plaintiff's mother, sister, and daughters, including compensation for the sister's extensive caregiver services.