Ontario Superior Court awards over $1.1 million in costs and interest in collision case

The Superior Court of Justice of Ontario has awarded over $1.1 million in costs, pre-judgment interest, and post-judgment interest to the plaintiff in a motor vehicle accident case following a jury verdict.

The case was Pye v. Di Trapani, 2024 ONSC 2265. In July 2016, the defendant drove into an intersection when it was unsafe to do so. The plaintiff, who was operating a motorcycle, was unable to avoid colliding with the defendant’s vehicle. The plaintiff suffered very serious physical injuries during the collision.

Settlement attempts followed – with the plaintiff offering to settle at $799,000 on Feb. 2, 2023 – but ultimately failed. The trial proceeded in September 2023 and lasted about four weeks. The plaintiff requested damages of $2 million.

On Oct. 12, 2023, the jury awarded the plaintiff $1,072,440.42. This amount included $350,000 for general damages; $525,000 for future care costs, particularly medical expenses; $105,000 for future housekeeping and home maintenance expenses; and $66,000 for past loss of income. The jury made no awards for future income loss and past attendant care.

Costs and interest

The Ontario Superior Court of Justice ordered the defendant to pay $1,104,557.50 in costs and interest to Smitiuch Injury Law, the firm representing the plaintiff. This sum included $995,854.50 for costs; $84,933 for pre-judgment interest; and $23,770 for post-judgment interest.

The court concluded that the plaintiff's costs claim was reasonable, fair, and appropriate in the circumstances of this case even if the costs claimed were nearly equal to the damages awarded.

The court cited Block v. Brown, et al, 2022 ONSC 3199, which supported that costs could exceed the damages if the amount of costs was reasonable given all the circumstances.

The court noted the high-quality advocacy from the plaintiff’s counsel.

“In my 12 years of presiding over hundreds, maybe even close to a thousand proceedings on the bench, I have seen truly excellent advocacy on only a very few occasions,” wrote Judge Antonio Skarica for the court. “Mr. Smitiuch’s conduct in this trial qualifies as one of those very rare jewels of advocacy that it is a wonderful treat to behold.”

The court also considered the complexity of the litigation, which involved issues of the assessment of damages, the evidence provided by the parties’ medical experts, and the impact of pre-existing injuries.

The court then said that the adjournments in this case were reasonable and did not result in extra costs for the defence.

The plaintiff was awarded $218,925 in partial indemnity costs up to Feb. 1, 2023, plus $28,460.25 for HST; $516,060 in substantial indemnity costs from Feb. 2, 2023, plus $67,087.80 for HST; and $165,321.45 in total disbursements inclusive of tax.

The court set the pre-judgment interest rate at three percent, considering fluctuating market rates and the need for fair compensation. This resulted in an award of $84,933, consisting of $72,618 for general damages, $6,819 for past loss of income, and $5,496 for special damages.

Lastly, the court imposed post-judgment interest at a seven-percent rate from Oct. 12, 2023 until Feb. 13, 2024, when the judgment was paid.