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Category Archives: Costs
Leave to Appeal Denied, Where Trial Judge Refused Costs to Successful Defendant
In a somewhat surprising decision, the Divisional Court has denied leave to appeal a trial judge’s refusal to award costs to a successful defendant in a personal injury action. Dinham v. Brejkaln arose out of a motor vehicle accident. The defendant was … Continue reading
Posted in Auto, Costs, Insurance News, Threshold
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Costs Premium of $350,000 Awarded in Sandhu
The case of Sandhu v. Wellington Place Apartments has produced another significant ruling. Readers will recall that Sandhu is the recent personal injury action in which damages of over $12 million were awarded. Today’s decision by Madam Justice … Continue reading
Posted in Costs
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Global Offer to Severally Liable Defendants Doesn’t Qualify Under Rule 49
The decision of Justice Nancy Spies in Tuffhide Products v. Rhino Systems of Canada Inc. is a cautionary tale on the subject of offers to settle in multi-defendant cases. The plaintiffs had sued two defendants. Prior to trial, the plaintiffs … Continue reading
Posted in Costs, Practice and Procedure
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Partial Indemnity Costs Can Equal 100% of Actual Fees
Last week’s decision of Mr. Justice David Corbett in a family law case is actually an important one for counsel acting for insurance companies. In Mantella v. Mantella, a husband and wife were involved in bitter matrimonial litigation. As seems to … Continue reading
Posted in Costs, Insurance News
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Law Firm Entitled to $60,000 Fee Premium for Converting Client’s $1M Liability Into $150,000 Profit
The law firm of Kramer Henderson had a very good day today. It had appealed an assessment officer’s refusal to allow a $60,000 fee premium from their former client. Superior Court Justice John Belleghem allowed the firm’s appeal and found … Continue reading
Posted in Costs, Professional Liability
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Costs in Personal Injury Action
Madam Justice Joan Lax has released her costs ruling in the well-known case of Snushall v. Fulsang. (This is the case in which the Court of Appeal ruled last year, that contributory negligence for a passenger’s failure to wear a … Continue reading
Posted in Auto (Tort), Costs, Tort News
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C.A. Reverses Judge’s Non-Suit Order, Restores Jury’s $3M Award
The Court of Appeal has just released its decision in Calvin Forest Products v. Tembec Inc. This was a case that was tried in Ottawa last year, before Justice Roydon Kealey and a jury. At the end of the … Continue reading
Posted in Costs, Practice and Procedure
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Defendant Insurer Awarded Substantial Indemnity Costs from Date of Offer
In a rather unusual ruling, Mr. Justice Herman Siegel has awarded costs on a substantial indemnity basis to a defendant, on the basis that both litigants were commercial parties with substantial resources and access to specialized legal advice. The award … Continue reading
Posted in Costs, Insurance News, Practice and Procedure
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Defendant Ordered to Pay Costs of $120,000 in Simplified Rules Action
In actions brought under simplified procedure (also known as “Rule 76” actions), the plaintiff’s claim is generally limited to a maximum of $50,000. Examinations for discovery and pre-trial cross-examinations aren’t allowed. The whole process is supposed to be streamlined so as to reduce … Continue reading
Posted in Costs, Practice and Procedure
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Important Costs Decision
Awards of costs have increased substantially since 2002, making costs a key ingredient of many lawsuits. Last week, the Divisional Court released a comprehensive review of the principles to be applied by courts in assessing costs. This is the first … Continue reading
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