Award includes substantial indemnity costs from offer date to acceptance date four years later
In a personal injury proceeding arising from a motor vehicle collision, the Ontario Superior Court confirmed a settlement and itemized costs amounting to $1.1951 million, then awarded additional amounts for interest, substantial indemnity costs for the tort action, and partial indemnity costs for a hearing.
In May 2017, the plaintiff was driving a dump truck on Mitch Owens Road. Another vehicle seemingly crossed the centre line and struck the plaintiff’s truck. The accident took the other driver’s life.
Meanwhile, the plaintiff sustained significant, life-altering injuries and never worked again. In litigation commenced against the other driver’s estate in 2019, the plaintiff fully blamed the deceased for the collision.
On June 1, 2021, the plaintiff served a settlement offer. On Dec. 22, 2025, the defendant estate accepted the offer, with paragraphs 4, 5, and 7 waived. Under the offer, the defendant agreed to settle the tort claim for $1 million plus costs.
Acceptance of the offer rendered the scheduled jury trial unnecessary. However, the settlement remained unpaid due to the parties’ dispute over costs and the consequent form of release.
In Selleck v. Stanutz (Estate) et al., 2026 ONSC 2313, the Ontario Superior Court of Justice issued a partial judgment determining that the parties had a binding agreement for the defendant to pay:
On July 17, in Selleck v. Stanutz (Estate) et al., 2026 ONSC 4219, the Ontario Superior Court directed the defendant to pay post-judgment interest on the settlement amount from the settlement date until the payment date.
Specifically, the defendant should pay:
Regarding the additional substantial indemnity costs of the tort action, the plaintiff requested $297,101.62, comprising disbursements, HST, and $183,862.80 for fees.
The Superior Court accepted the amounts corresponding to disbursements, a Licence Appeal Tribunal proceeding, and a Grenville summary judgment motion. The court noted that the latter two matters, including the accident benefits proceeding, were part of the plaintiff’s pursuit of his tort action.
However, the court disallowed $5,303.25 in fees for negotiations and discussions regarding litigation loans.
Thus, the court reduced the amount for fees to $178,559.55, as well as the HST. These reductions were applicable to the plaintiff’s requested substantial indemnity costs of $297,101.62 for the tort action.
Regarding the Apr. 17 hearing, the Superior Court awarded the plaintiff costs of the day, fixed at $11,000 on a partial indemnity basis.
Even though it recognized the considerable work required to prepare the record, research the relevant law, and present the case, the court exercised its discretion to deny the substantial indemnity costs sought by the plaintiff, who asked for $17,500.
Here are some other recent personal injury law decisions involving motor vehicles.
Upon finding that the inadvertence of counsel of an injured passenger of a city bus resulted in the delay in setting down her action, the Ontario Superior Court issued a July 2 decision setting aside an order dismissing her claim for injuries against Thunder Bay.
To avoid the real possibility of inconsistent results, the Superior Court made a June 29 decision ordering a single common liability trial in two actions with identical liability issues on which of the two drivers involved in a vehicular collision was liable.
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