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The court dismissed leave to add a settling defendant as a third party for declaratory relief, finding the balance of prejudice favored respecting the settlement.
Court awarded nonâpecuniary damages of $52,000 (increased to account for aggravated damages) finding assault was brutal, unprovoked and caused permanent physical and psychological injury; rejected defendant's mitigation argument on the evidence; held defendants were joint tortfeasors, equally blameworthy and jointly and severally liable (with equal apportionment of fault where relevant); awarded preâjudgment interest for five years (Aug 11, 1999 to Aug 11, 2005) at 2.5% p.a.; awarded costs (Tariff C $2,450) and disbursements $1,503.40.
Source excerpt
The court found negligence by both drivers and the plaintiffs in a late-night pedestrian collision, and apportioned fault 60% to the plaintiffs, 30% to Goertz, and 10% to Ahmad.
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