• Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases
Menu
  • Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases

LAT Case Law Summaries

Commercial/Tort Case Law Summaries

Back To All Case Summaries
Back To All Case Summaries

Antony v. Kumarasamy, 2022 ONSC 6619

  • December 31, 2022

Less than a month before a scheduled trial, the plaintiff in an MVA personal injury action accepted an offer to settle from the statutory third party for $85,000 plus interest, disbursements, and costs to be agreed upon or assessed. The parties were unable to agree on costs and the plaintiff brought a motion for a determination by the court. One issue was whether the plaintiff was entitled to recover costs associated with two AB arbitrations and a CPP dispute. Justice Ramsay held that neither the AB nor the CPP costs were recoverable. While costs could be recovered for AB-related arbitrations, the plaintiff failed to provide evidence supporting any of the factors set out by the Court of Appeal in Cadieux. Justice Ramsay also found that the recovery of more than $1 million in SABS interest was a factor weighing against requiring the statutory third party in the MVA tort action to pay for AB-related costs.

With respect to the CPP dispute, Justice Ramsay held that CPP litigation costs are not recoverable in a MVA tort action because the Insurance Act does not impose any statutory requirement on the plaintiff to apply for or dispute CPP benefits.

Full decision here
Full decision here

TGP Analysis

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vestibulum placerat ex vitae dui dignissim, in iaculis tellus venenatis. Nam aliquet mauris eros. Mauris vitae justo sit amet nisi dictum euismod in sed nisl. Donec blandit, justo eu pellentesque sodales, eros urna dignissim tortor, non imperdiet enim massa ut orci. Pellentesque id lacus viverra, consectetur neque ac, congue lorem.

PrevPrevious Case
  • FILED UNDER Costs, Deductions, Costs Awards
SHARE
Share on facebook
Share on twitter
Share on linkedin
Share on email

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

smilne@tgplawyers.com

  • Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Subscribe to get TGP’s case summaries straight to your inbox

Subscribe to get TGP’s case summaries straight to your inbox

  • Areas of Practice
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

smilne@tgplawyers.com

  • Disclaimer
  • Privacy Policy
  • Statement of Principles

© 2020 Thomas Gold Pettingill LLP