3 total
Minor settlement approved but $1,500 in law firm disbursements disallowed as illegitimate.
The applicants sought court approval for a proposed settlement regarding two minors who were bitten by a dog.
The matter settled quickly without an action being commenced for $12,000 and $8,000.
The court reviewed the legal fees and disbursements sought by the applicants' counsel, specifically questioning a $500 file closing fee and a $250 costs insurance fee charged to each minor.
The court found these disbursements were not legitimate and approved the settlement subject to disallowing $1,500 in purported disbursements.
Insurer failed to meet 90-day notice requirement to dispute priority due to lack of diligence.
A cyclist was injured by an unidentified motorist and applied to the Motor Vehicle Accident Claims Fund for statutory accident benefits.
The application lacked a police report.
The Fund later learned of a 911 call but delayed seeking a court order to obtain the call records for over seven months.
Once obtained, the records identified the motorist and their insurer, Pilot Insurance Company.
The Fund then notified Pilot of its intent to dispute priority.
The Court of Appeal held that while the application became functionally adequate when the 911 records were obtained, the Fund's lack of diligence in pursuing the records meant it should be treated as having received a completed application months earlier.
Consequently, the Fund failed to meet the 90-day notice requirement under s. 3 of O. Reg. 283/95 and remains responsible for paying the benefits.
Appeal to bifurcate personal injury jury trial dismissed; binding precedent prohibits splitting jury trials.
The defendants appealed a motion judge's decision dismissing their request to bifurcate a personal injury jury trial into separate liability and damages phases.
The Divisional Court upheld the dismissal, finding that the case was not exceptional enough to warrant splitting the trial.
The court also affirmed that binding precedent generally prohibits the bifurcation of trials where a jury notice has been served, and declined to alter that law in this factual context.
