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Co-operators General Insurance v Doobay
In the past, two claims were tried before a judge with a jury. In one claim, the Co-operators General Insurance Company was the plaintiff, and Bagwandat (Ron) Doobay was the defendant. The Co-operators sought a return of benefits paid and punitive and exemplary damages. The claim had been issued on September 10, 2014. In the other claim, Mr. Doobay had claimed income replacement benefits and other statutory accident benefits from The Co-operators General Insurance Company. This claim had been issued on May 14, 2016. Both claims had proceeded with a jury. The jury had found that Mr. Doobay had not been catastrophically impaired and had not been entitled to income replacement benefits (IRBs). The jury had awarded The Co-operators $52,499.58 for the repayment of benefits and $7,500.42 for punitive damages from Mr. Doobay, making The Co-operators wholly successful in the trial. The issue before the court had been to determine the costs. The Co-operators had claimed entitlement to costs of the proceeding on a partial indemnity basis up to the date an offer to settle had been made and on a substantial indemnity basis after that offer. Mr. Doobay had argued for limited costs due to his financial means. The court had considered various elements in calculating the costs, including legal fees for pleadings, trial preparation, and trial days, as well as disbursements. It had disallowed certain costs related to arbitration, and ultimately, The Co-operators had been awarded $135,400, inclusive of fees and disbursements, to be paid by Mr. Doobay.
The Co-operators General Insurance Company
Law Firm / Organization
Not specified
Doobay
Law Firm / Organization
Not specified
Lawyer(s)

Mark Stoiko

Superior Court of Justice - Ontario
CV-14-00000874-0000; CV-16-00000287-0000
Insurance law
$ 135,400
Plaintiff