In considering the issue of costs, factors taken into account include: 1) the rates charged and the hours spent by the plaintiff’s counsel; 2) the amount claimed and the amount recovered by the plaintiff; 3) the complexity of the proceeding and the importance of the issues; 4) the conduct of any party that tended to shorten or lengthen the proceeding; 5) whether the action should have been brought under the simplified rules pursuant to Rule 76; and 6) the reasonableness of the costs.
insurer Tag Archives
Babcock v. Destefano, 2016 ONSC 5352
Defendant’s Motion for DMEs Dismissed, while also Chastised for Not Taking Pre-Trial Preparations Seriously
Intact Insurance Company v. Allstate Insurance Company of Canada, 2016 ONCA 609
This was an appeal by an insurer of a decision assigning priority for accident benefits to it instead of the first responder. The main issue on appeal was the question of dependency.
State Farm Mutual Automobile Insurance Company v. Aslan et al., 2016 ONSC 2725
An April 13, 2016 decision by Justice Hackland in Ottawa has provided further guidance on the notice requirements before an insurer can perform a section 33 Examination Under Oath. A generic statement that the insurer requires an examination under oath to determine the insured’s entitled to statutory accident benefits will not suffice.
