Shawn Stringer

The insured was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.

The trial judge found the termination notice was inadequate and ordered ongoing benefits.

On appeal, the Court of Appeal held that an inadequate notice does not entitle an insured to benefits in perpetuity; the insured must still prove ongoing disability.

The Court upheld the trial judge's finding that the insured was no longer disabled by the fall of 1998.

However, the Court agreed that the insured's transition from part-time to full-time work shortly before the accident entitled her to a higher benefit calculation under s. 9(2) of the SABS.

The plaintiff was injured in two separate motor vehicle accidents and brought actions against both drivers.

The trial judge struck the jury due to the complexity of the plaintiff's medical history and found the plaintiff 100% liable for the first accident, but the defendant Hayik 100% liable for the second.

The trial judge awarded damages and made a Sanderson order requiring Hayik to pay the successful first defendant's costs.

On appeal, the Court of Appeal upheld the trial judge's decisions on striking the jury, liability, and damages, but set aside the Sanderson order, finding that the two actions were independent and the plaintiff had the ability to pay the costs of the unsuccessful action.

The appellant appealed a final order of a judge of the Superior Court of Justice for a single payment of not more than $25,000.

The Court of Appeal quashed the appeal for want of jurisdiction, holding that under section 19(1)(a)(i) of the Courts of Justice Act, the appeal must be directed to the Divisional Court.