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.

In this Court of Appeal decision, the plaintiffs appealed the trial decision that, after set off, resulted in zero recovery with a further $22,406.37 in costs awarded to the defendant.

If you have other insurance which applies to a loss or claim, or would have applied if this policy did not exist, this policy will be considered excess insurance and we will not pay any loss or claim until the amount of such other insurance is used up.

A young man drowned at a cottage at a 2010 graduation party put on by Enid Weiner’s adult son, wife, and daughter (the hosts)…