This case is a crucial decision in the context of jurisdiction and personal injury claims that was argued and won by Hoh Law Corporation. The respondent commenced an action in the District Court for injuries sustained in a motor vehicle accident. Interlocutory Judgment was entered for the respondent for 80% of the damages to be assessed, with the 20% reduction on account of contributory negligence. The respondent quantified his claim at $734,168.31.
The Court of Appeal decided that s.22 of the State Courts Act operates as follows: the District Court can hear an action where the amount claimed exceeds the DC Limit on condition that the claimant confirms they will abandon the excess amount. Where damages are reduced on account of contributory negligence, that reduction is applied against the damages assessed, not the DC Limit.
The respondent was represented by Hoh Law Corporation.
