Sulaiman Mangal

The plaintiff, Norman Ramcharran, brought an action for damages following a hit-and-run collision.

A jury awarded general damages, past loss of income, and future loss of income.

The defendant insurer, State Farm, brought a post-trial motion arguing the plaintiff's injuries did not meet the statutory verbal threshold under the Insurance Act.

The court applied the three-part test from Malfara v. Vukojevic, finding the plaintiff's permanent physical impairment (right elbow pain and weakness) was important and serious, thus meeting the threshold.

The court also addressed OPCF 44R Family Protection Endorsement coverage, ruling that physical evidence (vehicle damage photos) sufficiently corroborated the involvement of an unidentified vehicle.

Finally, on costs, the court determined that the plaintiff's April 13, 2023, offer to settle, despite a subsequent lower offer, remained valid for Rule 49 costs consequences, and fixed costs and disbursements in favour of the plaintiff.

The plaintiff, Herbert Alexander, sought unidentified motorist coverage from his insurer, State Farm, following a multi-vehicle collision.

Alexander alleged he was rear-ended by an unidentified vehicle, which propelled his vehicle into the O'Sullivan vehicle.

State Farm moved for summary judgment, contending there was no genuine issue requiring a trial regarding the involvement of an unidentified driver, citing a lack of physical evidence and inconsistencies in the plaintiff's account.

The court, exercising its enhanced fact-finding powers under Rule 20.04(2.1), found the plaintiff's uncorroborated evidence unconvincing and determined that expert reports did not support the claim of a rear-end impact without observable damage.

Summary judgment was granted, dismissing the action against State Farm.

Following the settlement of a construction dispute for $58,000, the plaintiffs sought costs and prejudgment interest.

The court reviewed the plaintiffs' bill of costs, noting the settlement was slightly more favourable than their pre-trial offer.

Applying the factors under the Rules of Civil Procedure and the Courts of Justice Act, the court awarded the plaintiffs $48,000 in costs on a partial indemnity basis, reducing the claimed amount to account for work related to a failed arbitration and proportionality to the settlement.

Prejudgment interest was also awarded at a rate of 4.8%, totaling $23,156.78.