Legal fees incurred in obtaining a guardianship order for persons deemed catastrophically impaired may or may not be considered “rehabilitative benefits”.

This decision arises after the Defendant brought a motion for summary judgment seeking the dismissal of the Plaintiff’s action as a result of a motor vehicle accident on August 7, 2013.

The Defendants succeeded on a motion for an order requiring that the Plaintiffs appoint an appraiser pursuant to s. 128(5) of the Insurance Act.

On January 17, 2017, the applicant drove to a hospital, parked his car, and exited the vehicle. As he was walking from his car, he slipped on ice in the parking lot.

On the motion, the Plaintiff’s lawyer sought a charging order against monies awarded to the Plaintiff as a first priority ahead of any amounts entitled to the Defendants by way of set-off, where significant costs were awarded to the Defendants based on Rule 49 offers made before trial

This was a costs endorsement arising from a successful summary judgment motion brought by the defendants Krylov & Company and Devry Smith Frank LLP.