Kapell v. Abel, (1998) 164 Sask.R. 301 (QB)

• Judge: Geatros, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 13, 1998
• Jurisdiction: Saskatchewan
• Citations: (1998), 164 Sask.R. 301 (QB)

Kapell v. Abel (1998), 164 Sask.R. 301 (QB)

MLB headnote and full text

Temp. Cite: [1998] Sask.R. TBEd. FE.027

Rhonda Kapell (plaintiff) v. Kathleen L. Abel (defendant)

(1993 Q.B. No. 2322)

Indexed As: Kapell v. Abel

Saskatchewan Court of Queen's Bench

Judicial District of Regina

Geatros, J.

January 13, 1998.

Summary:

The plaintiff sought damages for injuries suffered in a motor vehicle accident. The defendant admitted liability. At issue was the amount of damages.

The Saskatchewan Court of Queen's Bench, in a decision reported 151 Sask.R. 91, awarded the plaintiff damages of $50,300.

The Saskatchewan Court of Queen's Bench, in the decision reported below, dealt with the issue of costs.

Damages - Topic 1628

General damages - Considerations in assessing general damages - Potential income tax liability - The plaintiff was successful in a personal injury action - In determining the plaintiff's costs, the Saskatchewan Court of Queen's Bench awarded $500 as a reasonable sum for a tax gross-up for loss of future care and loss of future housekeeping capacity - See paragraphs 15 to 17.

Practice - Topic 7085

Costs - Party and party costs - Witness fees and costs of preparation for trial or appeal - Expert witness fees - [See second Practice - Topic 7141 ].

Practice - Topic 7085

Costs - Party and party costs - Witness fees and costs of preparation for trial or appeal - Expert witness fees - The Saskatchewan Court of Queen's Bench stated that "all medical reports and expert witness fees contained in the plaintiff's bill of costs cannot be taxed at an amount greater than specified in Schedule IV "A" of the tariff of costs" - Rather, the amount payable is subject to the judge's discretion under Saskatchewan Court of Queen's Bench Rule 563.

Practice - Topic 7086

Costs - Party and party costs - Witness fees and costs of preparation for trial or appeal - Witness fees (incl. conduct money) - The plaintiff was successful in a personal injury action - In determining the plaintiff's costs, the Saskatchewan Court of Queen's Bench declined to award conduct money for witnesses who were not actually called to testify - See paragraph 11.

Practice - Topic 7140

Costs - Party and party costs - Disburse­ments - Cost of reports - The plaintiff was successful in a personal injury action - In determining the plaintiff's costs, the Saskatchewan Court of Queen's Bench declined to compensate the plaintiff for two medical reports that were not used by the plaintiff in evidence because the par­ticular doctors gave viva voce evidence - See paragraphs 6 to 9.

Practice - Topic 7141

Costs - Party and party costs - Disburse­ments - Cost of expert advice - [See Prac­tice - Topic 7140 ].

Practice - Topic 7141

Costs - Party and party costs - Disburse­ments - Cost of expert advice - The Saskatchewan Court of Queen's Bench stated that "Schedule IV 'A' of the tariff of costs relates to 'fees payable to witnesses and interpreters in civil proceed­ings' and includes a 'professional witness ... who is called to give evidence in conse­quences of professional services rendered by him ...'. Item 29 in Schedule I 'B', which allows 'all necessary disbursements properly vouched for', cannot be applied to circumvent Schedule IV 'A'" - According­ly, subject to the judge's discretion under Saskatchewan Court of Queen's Bench Rule 563, medical reports and expert wit­ness fees cannot be taxed at an amount greater than specified in Schedule IV "A" of the tariff of costs.

Cases Noticed:

Angelstad v. Frederick Estate (1990), 87 Sask.R. 114 (C.A.), refd to. [para. 4].

Lawrence v. Kirsch Construction Ltd. and Works (1991), 93 Sask.R. 320; 4 W.A.C. 320 (C.A.), refd to. [para. 4].

Crown Manufacturers Ltd. v. Texas Refinery Corp. of Canada Ltd., [1985] 2 W.W.R. 666; 38 Sask.R. 83 (Q.B.), refd to. [para. 4].

Regina Sticks Ltd. v. Saskatchewan Gov­ernment Insurance, [1993] 7 W.W.R. 572; 113 Sask.R. 40; 52 W.A.C. 40 (C.A.), refd to. [para. 6].

Watkins v. Olafson et al., [1989] 2 S.C.R. 750; 100 N.R. 161; 61 Man.R.(2d) 81; 61 D.L.R.(4th) 577; [1989] 6 W.W.R. 481; 39 B.C.L.R.(2d) 294; 50 C.C.L.T. 101, refd to. [para. 16].

Statutes Noticed:

Rules of Court (Sask.), Queen's Bench Rules, rule 563 [para. 1].

Counsel:

Sidney G. Segal, for the plaintiff;

Reginald A. Watson, for the defendant.

This matter was heard before Geatros, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following decision on January 13, 1998.