Valerie A. Hoag

Following a jury trial in a personal injury action, the jury awarded the plaintiff damages for loss of competitive advantage but no non‑pecuniary damages or past income loss.

The court subsequently determined that the plaintiff failed to meet the statutory threshold and dismissed the action.

The defendant sought substantial indemnity costs relying on a pre‑trial offer to settle and alleged misconduct in pursuing the claim.

The court held that elevated costs require a clear finding of reprehensible or egregious conduct, which had not been established.

Costs were therefore fixed on a partial indemnity basis.

The plaintiff was involved in a rear-end motor vehicle accident and claimed damages for chronic pain and psychological impairments.

Following a nine-day jury trial, the defendant brought a threshold motion arguing the plaintiff's injuries did not meet the statutory requirement of a permanent serious impairment under the Insurance Act.

The court reviewed extensive medical evidence and found the plaintiff lacked credibility, having concealed her pre-accident medical history and exaggerated her symptoms.

The court concluded the plaintiff failed to establish on a balance of probabilities that her injuries were permanent, noting she had voluntarily stopped treatment and had significant pre-existing conditions.

The defendant's motion was granted and the plaintiff's action was dismissed.

The applicant trade union applied for certification and subsequently sought to amend its proposed bargaining unit to exclude the industrial, commercial, and institutional sectors.

The respondent employer and objecting employees opposed the amendment, arguing it amounted to gerrymandering and that the applicant, as a council of trade unions, could not apply independently.

The Board held that the applicant was entitled to apply under either section 144(1) or (3) of the Labour Relations Act and permitted the amendment, finding it was merely a contraction of the unit and not gerrymandering.

A Labour Relations Officer was authorized to inquire into the composition of the bargaining unit.