R. Littlejohn

Following a jury verdict awarding the plaintiff $108,000 for injuries sustained in a motor vehicle collision, the defendants brought a threshold motion under the Insurance Act.

The defendants argued the plaintiff failed to prove a permanent serious impairment of an important physical function.

The court preferred the evidence of the plaintiff's chronic pain expert over the defence's orthopaedic surgeon, finding the plaintiff suffered a permanent and serious impairment that prevented her from continuing her employment as an exotic dancer.

The defendants' motion was dismissed.

Following a jury trial arising from a motor vehicle accident that resulted in a damages award exceeding $1 million, the court addressed post‑trial issues of costs and pre‑judgment interest.

The statutory third party insurer had denied coverage but fully participated in the litigation under s. 258 of the Insurance Act.

The court held that the insurer’s litigation positions and refusal to accept the plaintiff’s settlement offers necessitated the lengthy trial and justified significant cost consequences.

Pre‑judgment interest under the Courts of Justice Act was awarded as claimed.

The court fixed costs in favour of the plaintiffs, including partial indemnity costs to trial and substantial indemnity costs thereafter.

Following a jury trial awarding damages exceeding $1 million for injuries arising from a motor vehicle accident, the plaintiffs sought directions regarding their ability to pursue recovery against the defendant driver's insurer, which had denied coverage and participated in the action as a statutory third party under s. 258(14) of the Insurance Act.

The insurer argued the plaintiffs lacked standing to seek directions and that any claim for insurance proceeds must be brought by a fresh action.

The court held that the judgment creditor effectively stands in the shoes of the insured for purposes of addressing coverage issues and may participate in determining whether relief from forfeiture or coverage applies.

Requiring a new statement of claim would be inefficient where the insurer had fully participated in the litigation and suffered no prejudice.

The court ordered disclosure of the insurer’s basis for denying coverage and directed that the issue proceed by motion before the trial judge.

Following a jury trial for a motor vehicle accident where the plaintiffs were awarded $137,000 plus interest, the court determined costs.

The plaintiffs' recovery exceeded the defendant's offer to settle of $125,000.

The court found the plaintiffs were the successful parties and awarded them partial indemnity costs.

After reducing fees for duplication and disallowing disbursements for experts who did not testify, the court awarded the plaintiffs $322,500 in costs.