Sheldon Gilbert

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 appellants appealed a trial judgment awarding the respondents $485,000 for economic loss.

The appellants argued they were denied a fair trial due to a lengthy delay in the delivery of the judgment, that the trial judge's reasons were insufficient for appellate review, and that the trial judge erred in the standard of proof for calculating lost business profits.

The Court of Appeal dismissed the appeal, finding no active prejudice from the delay, sufficient evidence to support the trial judge's conclusions, and no error in the estimation of economic loss based on the evidence presented.