Balpinar (Estate) v. Economical Mutual Insurance Company et. al
THE ESTATE OF ERCAN BALPINAR, BY ITS LITIGATION ADMINISTRATOR, SAFINUR BALPINAR
Law Firm / Organization
Ritchie & Baru
Lawyer(s)

Carmen M. Baru

Law Firm / Organization
Not Specified
Lawyer(s)

Elise J. Hallewick

THE ECONOMICAL MUTUAL INSURANCE COMPANY
Law Firm / Organization
Forget Smith
1457927 ONTARIO LTD. c.o.b. as HIGHLAND AUTO BODY
Law Firm / Organization
Unrepresented

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.
Superior Court of Justice - Ontario
CV-18-76493
Insurance law
$ 22,210
Plaintiff