Susan Kaur Dhaliwal

This decision addresses dueling motions in a protracted fire insurance dispute.

The defendant insurer, Wawanesa, sought a Rule 32 inspection of the damaged property, while the plaintiff insureds, the Arvanitopoulos family, sought directions for the appraisal process under the Insurance Act and a mandatory interlocutory injunction to compel continued Additional Living Expense (ALE) payments.

The court dismissed Wawanesa's motion as an improper reprise of a previously decided motion.

It also dismissed the Arvanitopoulos family's requests for appraisal directions, affirming the umpire's authority, and denied their mandatory injunction for ALE, citing the absence of an undertaking, a strong prima facie case, and irreparable harm.

However, as a term of dismissal, Wawanesa was ordered to continue ALE payments for May, June, and July 2022.

The plaintiff, Randy Brown, sued the defendants for damages after a slip and fall on ice at their property.

The matter proceeded as an undefended trial.

The court found the defendants liable for failing to maintain safe premises, despite prior warnings.

However, the plaintiff was found contributorily negligent due to his awareness of the hazard.

Damages for general injury, past and future loss of income, and future costs of care and housekeeping were assessed, with reductions for a pre-existing condition and contributory negligence.

OHIP's subrogated claim and the plaintiff's costs were also awarded.

The defendant, TD Home and Auto Insurance Company, sought full indemnity costs of over $600,000 after successfully defending a breach of contract claim (arson defence) and succeeding on a counterclaim in a three-week jury trial.

The plaintiff, Nazir Azami, conceded costs but argued the amount was excessive and should be on a partial indemnity scale.

The court, applying Rule 57.01(1) of the Rules of Civil Procedure, found that substantial indemnity costs were warranted due to the plaintiff's deceitful conduct and unfounded allegations of misconduct.

However, the court significantly reduced the claimed amount, finding the defendant's docketed hours (over 1,750 combined hours by six lawyers) and claimed disbursements (over $130,000) to be disproportionate and excessive.

The court also noted the defendant's conduct contributed unnecessarily to the trial's length.

Ultimately, the court ordered the plaintiff to pay the defendant's costs in the total amount of $211,500, inclusive of fees, disbursements, and HST.