2024 ONSC 7239 (Trial Decision)

• The court found that repairs to the insured cargo van were incomplete and insufficient, requiring a frame replacement to meet proper standards.
• Damages awarded: $18,008.86, covering frame replacement ($12,095.98), towing charges ($1,113.00), limited storage fees ($1,800.00), and two months of vehicle rental ($4,000.00).
• No punitive damages were awarded as Economical acted reasonably under the circumstances.
• Prejudgment interest to be calculated separately.

2025 ONSC 419 (Costs and Adjustments)

• Judgment adjusted to account for a $5,000 payment under a Pierringer Agreement with co-defendant Highland Auto Body, reducing the net damages payable by Economical to $13,008.86.
• Prejudgment interest: Calculated at $1,292.14 based on the statutory rate.
• Costs awarded: Reduced to $7,909.26 on the Small Claims Court scale, considering the case could have been initiated there.

Final Outcome:

• Total payable by Economical: $22,210.26 (net damages, prejudgment interest, and costs).
• The court emphasized proportionality in costs, denying higher recovery despite a Rule 49 offer.