Zuber & Company LLP in Toronto

Zuber & Company LLP

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Arteaga v. Poirier

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At the conclusion of trial conducted by Joseph Villeneuve and Agatha Dix for the defendants, with jury verdict given, the plaintiff moved for Judgment for $2,000 as the sole amount to be paid by the defendants net of deductible for general damages which reduced that award to zero, and reduction of special damages for collateral benefits received. The defendants opposed the motion on the basis that the net amount must be zero with the $2,000 reduced by deductibility of housekeeping benefits received by the plaintiff via statutory accident benefits. The defendants further argued their entitlement to costs as based on net award of zero, while the plaintiff argued entitlement to her costs based on net award of $2,000. The defendants as represented by Jonathan Schwartzman and Agatha Dix, were successful on the deductibility issue thereby resulting in a Judgment dismissing the action, with costs ordered payable to the defendants in the amount of $138,416.42.