12 May 2023
Primex Industries Inc. v Tatras Contracting Group Ltd.
On March 8, 2023, the judge released supplemental reasons for judgment addressing the requests for clarification and reconsideration of the motor vehicle action trial. The plaintiff had sought an increase in the award for future loss of earning capacity based on revised income figures, while the defendants had argued for a reduction due to the plaintiff's failure to mitigate. The judge agreed to increase the award to $425,000 to account for the plaintiff's actual income in 2022. However, the judge refused the defendants' request for a reduction, stating that the failure to mitigate had a limited impact on the plaintiff's recovery.
Primex appealed on three issues: 1) whether the trial judge made an error in weighing the evidence, 2) whether the judge erred in basing the judgment on a rejected settlement offer, and 3) whether the judge could ignore evidence he was aware of. Primex argued that proceeding without the original invoices was an error, as there was no evidence to establish the accuracy of the revised invoices. They also disputed the inclusion of the settlement offer and claimed overbilling. Tatras argued that no legal error was made and the amount awarded was justified. The appeals court reviewed the standards of review and analyzed Primex's arguments.
Primex's appeal was dismissed as they couldn't prove any errors made by the trial judge. The deposited amount of $15,156.56 by Primex will be released and paid to Tatras Contracting Group Ltd. as per the Small Claims Act.