Costs | Davidson Cahill Morrison LLP

Navy Davidson Cahill Morrison LLP card reading "No Coverage Until a Request Is Made", with a portrait of partner Chris Morrison.

No Coverage Until a Request Is Made: The Court of Appeal on Fleet Policies and OPCF 21A

Chris Morrison July 30, 2026

A leased Honda Civic was in an accident in August 2020. It first appeared on a monthly fleet report a month later, and had been leased since 2017 without ever making the schedule of automobiles. In 2026 ONCA 553, the Court of Appeal held that OPCF 21A (c) means what its capital letters say: no coverage until a request for coverage is filed, and no coverage backdated to policy inception. Chris Morrison and Kathleen Lefebvre were counsel for the successful appellant.

The High Cost of Unreasonable Conduct: Why a “Hardball” Litigation Strategy is a Costly Gamble

Peter Reinitzer September 9, 2025

Offer nothing, force the plaintiff to finance a trial, and hope they fold: it is a familiar defence gamble, and a growing line of Ontario cases shows how badly it can go. In Barry v Anantharajah, 2025 ONCA 603, a defendant who never made a monetary offer faced a costs award reported to dwarf the plaintiff’s modest $16,160 recovery. The Court of Appeal’s message is plain: a reasonable offer, even a small one, is a vital tool for managing litigation risk.

Court of Appeal Upholds Nearly $1 Million in Costs Following Jury Trial in Pye v Di Trapani

Margaret Klassen May 13, 2025

An 18-day jury trial, a damages award just over $1 million, and a costs award of nearly the same amount: the defendants said the trial judge had failed to test the plaintiff’s costs for reasonableness and proportionality. In Pye v Di Trapani, 2025 ONCA 355, the Court of Appeal disagreed, reaffirming the broad discretion trial judges hold over costs and the powerful role a Rule 49 offer plays in the result.

Court Awards Costs of $195,000 After Two Day Motion

Chris Morrison September 27, 2024

The defence was universally successful on a hard-fought set of motions in Avedian v Enbridge Gas Distribution, including the plaintiff’s bids to strike the defences and to recuse the trial judge. The court awarded $195,000 in costs, well above the usual range for a motion, and its reasons are a clear reminder of the price unnecessary and tactical motions impose on clients and the court.