10 Nov 2023
Spencer v. Martin and Hillyer
- Date of the case: November 10, 2023
- Parties involved:
- Moving party/applicants: Katie Spencer and Elite Insurance Company
- Respondent: Martin & Hillyer Associates (referred to as "the law firm")
- Also, references to John Belton and Omega General Insurance Company
- Financial awards/costs mentioned:
- Trial costs owed by John Belton to Katie Spencer: $469,972.52
- Martin & Hillyer's disbursements: $65,965.47
- Policy limits of $100,000.00
Key Points by Subcategory:
**Application Purpose:**
- The applicants sought the unredacted M&H Policy or redacted portions limited to premium-related information and unrelated files.
- The dispute centered on dividing the $100,000.00 policy limit between Martin & Hillyer's disbursements and Belton's trial costs to Spencer.
**Background:**
- Belton had filed a damages claim against Spencer for an accident in 2010, with Martin & Hillyer representing Belton.
- Belton's action had been dismissed, and he had been ordered to pay $469,972.52 in legal fees and disbursements to Spencer.
- Martin & Hillyer had an adverse costs insurance policy with Omega, which covered disbursements and trial costs.
**Conclusion:**
- The court had ruled that Martin & Hillyer's redactions were neither privileged nor confidential.
- It had ordered Martin & Hillyer to produce the complete unredacted M&H Policy to the applicants, with exceptions already agreed upon by the parties.
**Costs:**
- Costs issues were to be determined later if the parties could not agree, with specific deadlines for submissions.