In Cain v. Peterson, Superior Court Justice Michael Dambrot has awarded costs of $10,000 to a self-represented defendant. After dismissing an action against Shelley Peterson (not, we assume, the spouse of former Ontario premier, David Peterson), Justice Dambrot first ordered the plaintiff to…
Yesterday, the Supreme Court of Canada granted leave to appeal the Ontario Court of Appeal’s decision in Walker v. Ritchie, on the issue of a costs premium ordered to be paid by a defendant. The case arose out of a 1997…
An Oakville couple has been ordered by an Ontario Superior Court Justice Kendra Coats to pay more than $1 million in costs after a jury dismissed their action against their insurer. In DiBattista v. Wawanesa Mutual Insurance Company et al.,…
Happy New Year to all of our subscribers. We are pleased to tell you that you are now able to view our previous Updates at our website: www.cavanaghwilliams.com We are attaching a copy of the costs decision in Hartwick v….
This case, released today, is a bit of a head-scratcher.In Branco v. Allianz Insurance, the plaintiffs were claiming damages as a result of personal injuries suffered in a motor vehicle accident. The trial lasted eight days before Justice Siegel and…
The Court of Appeal today released its decision in Moon v. Sher , which can be viewed at: http://www.ontariocourts.on.ca/decisions/2004/november/C40322.htm We had been anticipating the release of this case, having learned a few weeks ago that Justice Borins of the Court…
You may recall the decision of Mr. Justice Denis Power in Russett v. Bujold, in which he assessed partial indemnity costs of more than $400,000 in a chronic pain case that had settled after a week and a half of…
Ever heard of the Victims’ Bill of Rights? Neither had counsel for the plaintiff in Pilon v. Janveaux, an action arising out of a 1993 MVA. One of the provisions in that Act can have a big effect on awards…
Justice Denis Power has just released his final costs award in Russett v. Bujold and we have attached a copy. You may recall this case from an Update that we circulated several weeks ago. It involved a chronic pain claim…
In the wake of the case that we forwarded last week, Russett v. Bujold, another decision was released today that deals with the issue of “risk premiums” on awards of costs. In Grass v. Women’s College Hospital , attached, Madam…