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.
mva Tag Archives
Give and Take: Auto Insurance Premiums Drop at Expense of Ontario’s Injured and Vulnerable
OTLA President-Elect Adam Wagman recently appeared with Jerry Agar on Newstalk 1010, Scott Thompson of AM900 CHML, and also with Tom Hayes on Global News to speak about concerns with Ontario’s new auto insurance rules. On June 1, 2016, in an effort to reduce insurance premiums in Ontario, the Provincial government has mandated changes to accident benefits. These changes include a $1 million dollar reduction …
Gardiner v. MacDonald, 2016 ONSC 602
This case affirms that liability in motor vehicle accidents is not clear-cut, even in cases where the right of way is undisputed. In apportioning liability for an accident, the court will assess the reasonableness of each driver’s actions in the circumstances. Professional drivers will be held to a higher standard of care than ordinary drivers in similar situations.
Parra v Laczko, 2016 ONSC 911
Recent decision of the Superior Court of Justice on a threshold motion in a chronic pain case.
Mikolic v. Tanguay, 2015 ONSC 71
Accident Benefits Settlement Deducted from Tort Award as a Result of Itemized Settlement Disclosure Notice
Bonaccorso v. Optimum, 2016 ONCA 34
A Temporary Return to Work Does Not Extend Two Year Limitation Period Triggered by Denial of Income Replacement Benefits