This costs endorsement followed the dismissal of the plaintiff's action against the defendant insurer for long-term disability benefits, where the court found the matter fell within arbitral jurisdiction.
The defendant sought substantial indemnity costs of $17,233.80.
The plaintiff requested no costs or nominal costs, citing confusion from prior settlement minutes and ambiguity in the collective agreement and insurance policy.
The court, exercising its discretion under section 131 of the Courts of Justice Act and Rule 57 of the Rules of Civil Procedure, considered the moderate complexity of the jurisdictional issue, the importance of the matter to the defendant, and the plaintiff's circumstances.
The court awarded nominal costs of $2,500.00 to the defendant, excluding costs related to a motor vehicle accident or a companion action.