Accident Benefits Settlement Deducted from Tort Award as a Result of Itemized Settlement Disclosure Notice
costs Tag Archives
Puri Consulting Limited v. Kim Orr Barristers PC, 2015 ONCA 727 (CanLII)
In this appeal, the Court of Appeal found that even if the plaintiff’s offer to settle does not specifically provide for the inclusion of costs, the plaintiff would be entitled to it pursuant to rule 49.07(5)(b). Further, even if words in the offer are believed to be ambiguous or unambiguous, the meaning of those words can only be properly ascertained by considering the entire context in which the offer was made.
Evans v. Canusa Automotive Warehousing Inc., 2015 ONSC 6406 (CanLII)
Released October 16, 2015 | CanLII This endorsement on costs concerns the plaintiffs’ effort to escape an adverse costs award after their action was dismissed following the defendants’ successful summary judgement motion. The plaintiffs requested there be no cost order on the basis of their impecuniosity, which they sought to substantiate by filing an affidavit stating they had accumulated debt and tax liabilities in excess …
Simmons et al. v. Mallika et al., 2015 ONSC 5964
Master refuses security for costs to the defendants Released October 5, 2015 | Full Decision [Document Bank] The defendants brought a motion seeking security for costs from the plaintiffs in the motor vehicle accident action. The accident took place on April 7, 2006. The defendant rear-ended the plaintiff’s vehicle. The plaintiff suffered injuries. The plaintiff’s husband and two daughters were added to the action under s. 61 of …
Bhatt v William Beasley Enterprises Limited, 2015 ONSC 4941 (CanLII)
Released August 10, 2015 | CanLII This is a brief decision addressing whether counsel must produce dockets when the issue of costs is being considered after a trial. This issue arose after the Plaintiffs were successful at trial and awarded $305,000.00 for damages, inclusive of interest. The damages award was more than double the amount of the Defendant’s formal Offer to Settle. This was a judge alone …
Saleh v. Nebel, 2015 ONSC 3680
Released June 8, 2015 | CanLII This eight-day motor vehicle injury trial proceeded before the Honourable Mr. Justice F.L. Myers and a jury in Toronto in January and February 2015. Liability was admitted. The jury awarded the plaintiff $30,000 for general damages but nothing for his claims for past and future loss of income or for future care. Justice Myers subsequently granted the defendant’s threshold …
