Jaansoo v. Canadian General Insurance Company
The Court held that although a legal 'significant benefit' threshold is impermissible, the trial judge's evidentiary finding that the T.E.A.C.H. program would confer at most an insignificant benefit meant it was not a reasonable expense; the appeal is dismissed except that leave to appeal the costs order is granted...
Source-derived case information.
- Citation
- C30221
- Parties
- Plaintiff (appellant): Ronald Jaansoo; Defendant (respondent): Canadian General Insurance Company
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 February 2000
- Procedural Posture
- Collection (civil) / Appeal Court of Appeal Decision on Appeal From Trial Judgment Dated June 16, 1998
- Outcome
- Appeal dismissed except as to costs; leave to appeal costs granted; trial costs order set aside; no order as to costs of the trial.
- Legal Topics
- Reasonable Expense, Rehabilitation Program Coverage, T.e.a.c.h. Program, Costs Order
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Jaansoo
Plaintiff (appellant)
Canadian General Insurance Company
Defendant (respondent)
Procedural Posture
Collection (civil) / Appeal Court of Appeal Decision on Appeal From Trial Judgment Dated June 16, 1998
Legal Issues
- 1 Whether the trial judge erred in law by requiring that a reasonable expense must confer a significant benefit
- 2 Whether the proposed T.E.A.C.H. program was a reasonable expense payable by the respondent
- 3 Whether the costs order made at trial should be set aside
Ratio Decidendi
The Court held that although a legal 'significant benefit' threshold is impermissible, the trial judge's evidentiary finding that the T.E.A.C.H. program would confer at most an insignificant benefit meant it was not a reasonable expense; the appeal is dismissed except that leave to appeal the costs order is granted and the trial costs order is set aside with no order as to trial costs.
Court Disposition
Appeal dismissed except as to costs; leave to appeal costs granted; trial costs order set aside; no order as to costs of the trial.
Orders
- Leave to appeal costs granted.
- The appeal is allowed as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Jaansoo v. Canadian General Insurance Company Collection Decisions of the Court of Appeal Date 2000-02-28 Docket numbers C30221 Judges Finlayson, George Duncan; Labrosse, Jean-Marc; Goudge, Stephen Thomas Subject Civil Decision Content DATE: 20000228 DOCKET: C30221 COURT OF APPEAL FOR ONTARIO RE: RONALD JAANSOO (Plaintiff (Appellant)) – and – CANADIAN GENERAL INSURANCE COMPANY (Defendant (Respondent)) BEFORE: FINLAYSON, LABROSSE AND GOUDGE JJ.A. COUNSEL: Faisal B. Joseph For the appellant W. Colin Osterberg For the respondent HEARD: February 23, 2000 On appeal from the judgment of McCart J. dated June 16, 1998, made at London, Ontario. ENDORSEMENT [1] It is conceded by the respondent that if the trial judge required that to be a reasonable expense an expenditure must confer a significant benefit, he erred. We agree, but we read the trial judge rather to be saying that given the evidence and the language of the reports before him, he concluded that the proposed expenditure would confer no more than an insignificant benefit. He was not attempting to establish a legal threshold. [2] On the evidence before him it was open to him to conclude that the proposed expenditure was not a reasonable expense. We note the respondent’s acknowledgement that it is still open to the appellant to seek to have the respondent provide him with the T.E.A.C.H. program if he can demonstrate that in the present circumstances it is a reasonable expense. [3] The issue of costs was never argued before the trial judge and he retired on the day his reasons were issued. In the circumstances we grant leave to appeal the costs order. Given the novel point in issue, we think that there should have been no order as to costs of the trial. [4] The appeal is allowed as to costs, but is otherwise dismissed without costs. “G.D. Finlayson J.A.” “J.M. Labrosse J.A. “S.T. Goudge J.A.”