CITATION: Foster v. Durkin, 2016 ONSC 1651
COURT FILE NO.: C-65-12
DATE: 2016-03-08
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Denise Foster and Alitha Major
Plaintiffs
– and –
Jacalyn Durkin
Defendant
Mark S. Grossman / Gretchen Reitzal, Counsel for the Plaintiff
William G. Woodward, Counsel for the Defendant
Robert A. Van Praet, Counsel for the Defendant
HEARD: November 16-30, 2015
THE HONOURABLE MR. JUSTICE R.D. REILLY
addendum to the judgment
DATED DECEMBER 14, 2015
[1] I have now had a chance to review the response of counsel to my judgment in this matter. I am advised that both Mr. Grossman, counsel for the plaintiff, and Mr. Woodward, counsel for the defendant agree that my method of calculation of the award of damages, based on the decision of the jury, was incorrect. I take this opportunity to correct my error.
[2] Pursuant to s.26.7.5(7) of the Insurance Act, I note the pecuniary portion of the claim is $140,604.00. That award is to be reduced by 20%, representing the defendant’s contributory negligence, resulting in a sub-total of $112,483.20.
[3] Next the award for damages of $60,000.00 is reduced by the deductible of $30,000.00, which sum is then reduced by 20% (contributory negligence) for a further sub-total of $24,000.00.
[4] The total judgment is therefore $136,483.20 ($112,483.00 + $24,000.00).
[5] I therefore amend paragraph 35 of the judgment and direct that the plaintiff is entitled to damages of $136,483.20.
R.D. Reilly J.
Released: March 8, 2016
CITATION: Foster v. Durkin, 2016 ONSC 1651
COURT FILE NO.: C-65-12
DATE: 2016-03-08
ONTARIO
SUPERIOR COURT OF JUSTICE
Denise Foster and Alitha Major
Plaintiffs
– and –
Jacalyn Durkin
Defendant
ADDENDUM TO THE JUDGMENT
dated december 14, 2015
R.D. Reilly J.
Released: March 8, 2016
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