MacPherson Estate v. Clarica Life Insurance Co. et al., 2015 NBQB 162

Judge:Garnett, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:February 06, 2015
Jurisdiction:New Brunswick
Citations:2015 NBQB 162;(2015), 440 N.B.R.(2d) 78 (TD)
 
FREE EXCERPT

MacPherson Estate v. Clarica Life (2015), 440 N.B.R.(2d) 78 (TD);

    440 R.N.-B.(2e) 78; 1148 A.P.R. 78

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

.........................

Temp. Cite: [2015] N.B.R.(2d) TBEd. AU.012

Renvoi temp.: [2015] N.B.R.(2d) TBEd. AU.012

J. William Cabel, Executor of the Estate of William J. MacPherson and Judith M. MacPherson and Kristin-Ann MacPherson and Kilby K.A. MacPherson (plaintiffs) v. Clarica Life Insurance Company (defendant)

W. James MacPherson (plaintiff) v. Sun Life Assurance Company Canada (defendant)

(F/C/125/04; F/C/126/04; 2015 NBQB 162; 2015 NBBR 162)

Indexed As: MacPherson Estate v. Clarica Life Insurance Co. et al.

Répertorié: MacPherson Estate v. Clarica Life Insurance Co. et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Garnett, J.

August 6, 2015.

Summary:

Résumé:

MacPherson died from injuries sustained when his vehicle was struck by a train at a crossing. MacPherson was insured under policies issued by the defendant insurers, Clarica and Sun Life. The plaintiffs (MacPherson's estate et al.) claimed for accidental death benefits of $155,000 in the Clarica policy and $150,000 in the Sun Life policy, plus damages for bad faith. The insurers said that MacPherson's death was not caused by an accident.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at (2013), 402 N.B.R.(2d) 303; 1044 A.P.R. 303, held that MacPherson committed suicide and his death was not caused by an accident. The court dismissed the actions with costs to be determined.

The New Brunswick Court of Queen's Bench, Trial Division, ordered that the plaintiffs were liable, jointly and severally, for costs of $84,850 plus reasonable disbursements.

Practice - Topic 7003

Costs - Party and party costs - General principles and definitions - Amount involved - [See Practice - Topic 7110 ].

Practice - Topic 7110

Costs - Party and party costs - Special orders - Increase in scale of costs - General - MacPherson died from injuries sustained when his vehicle was struck by a train at a crossing - MacPherson was insured under policies issued by the defendant insurers, Clarica and Sun Life - The plaintiffs (MacPherson's estate et al.) claimed for accidental death benefits of $155,000 in the Clarica policy and $150,000 in the Sun Life policy, plus damages for bad faith - The insurers said that MacPherson's death was not caused by an accident - The court held that MacPherson committed suicide and his death was not caused by an accident - The actions were dismissed with costs to be determined - The New Brunswick Court of Queen's Bench, Trial Division, assessed costs on an amount involved of $2,000,000 - The plaintiffs had claimed damages in excess of $2,000,000 on policies of insurance in the total amount of $305,000 - The large claim was based on allegations of bad faith against each insurer - In fixing the amount involved, the court emphasized the amount claimed because it was that amount which discouraged settlement and complicated the issues before the court - The allegation of bad faith made the matter more complex and no evidence was offered to support it - The court therefore departed from the "basic scale" (Scale 3) and assessed costs under Scale 4 - The insurance companies were represented by the same lawyer - In accordance with Tariff "A" of rule 59 under Scale 4, the plaintiffs would pay one set of costs - The court ordered that the plaintiffs were liable, jointly and severally, for $84,850 plus reasonable disbursements.

Cases Noticed:

Doucet et al. v. Spielo Manufacturing Inc. et al. (2011), 372 N.B.R.(2d) 1; 961 A.P.R. 1; 2011 NBCA 44, refd to. [para. 12].

Counsel:

Avocats:

Eugene Mockler, Q.C., and Lynne Lenihan, for the plaintiffs;

Hugh Cameron and Debora Lamont, for the defendants.

This matter was heard on February 6, 2015, before Garnett, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Fredericton, who delivered the following decision on August 6, 2015.

To continue reading

FREE SIGN UP