In the case of Baker v. Blue Cross dated March 22, 2023, plaintiff Sara Baker had suffered a sudden subarachnoid hemorrhage in October 2013 while exercising, during her successful career as a Director at a Toronto hospital. She had held a group disability insurance policy through her employer, with defendant Blue Cross Life Insurance Company of Canada as the insurer. Blue Cross had initially provided her with long-term disability (LTD) insurance benefits, but had later terminated them, claiming she didn't meet the criteria for "total disability" as defined by the policy.
In 2017, Baker had initiated a lawsuit seeking a declaration of total disability, retroactive benefits, aggravated damages, and punitive damages. After a five-week jury trial, the jury had found in her favor: confirming her total disability, awarding retroactive benefits totaling $220,604.00, granting $40,000 for aggravated damages due to mental distress, and awarding punitive damages of $1,500,000.00.
Given the amount at stake and the importance of the issues, the court had awarded Baker costs on a full indemnity basis. She had been granted costs of $850,000 plus HST of $110,000, along with her requested disbursements of $123,453.50, totaling $1,083,953.50. The court had taken into account the reasonableness of Baker's legal team's hourly rates, the complexity of the case, and the conduct of both parties throughout the proceedings in determining the fair and reasonable amount for costs.