Andrew C. Dekany

The plaintiff successfully defended a motion brought by the defendant to dismiss her Charter action regarding exclusion from health care coverage.

The plaintiff sought costs of the motion on a substantial indemnity basis in the amount of $181,666.71, or alternatively on a partial indemnity basis in the amount of $121,111.14.

The court found no justification for substantial indemnity costs and awarded costs on a partial indemnity scale.

Applying the principle of reasonableness and the factors under Rule 57.01(1), the court fixed the plaintiff's costs at $92,000 all inclusive.

The defendant, the Attorney General of Canada, brought a motion to strike the plaintiff's action for damages and declaratory relief arising from the denial of public health care while she was an irregular migrant.

The plaintiff alleged violations of her Charter rights and customary international law, relying on a decision by the United Nations Human Rights Committee.

The court dismissed the motion to strike, finding that the Ontario Superior Court has jurisdiction, the claims are not statute-barred, it is not plain and obvious that the claims are barred by res judicata, and the claims disclose a reasonable cause of action that is not doomed to fail.