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Costs fixed at $5,900 in the cause following conversion of application to action.
The court addressed costs following an earlier order converting an application into an action with terms.
The judge considered the discretionary nature of costs under s. 131(1) of the Courts of Justice Act and the factors listed in Rule 57.01(1) of the Rules of Civil Procedure.
Although successful parties are generally entitled to costs, the court found reason to depart from the general rule given the litigation history and prior failures by certain respondents to comply with court orders that delayed the matter.
Costs were ordered to be in the cause between the corporate respondents, Robert Parr, and the applicant, fixed at $5,900 all-inclusive.
A respondent who was not a moving party was held not entitled to costs.
General contractor's failure to obtain contractually required insurance precludes damages claim against negligent subcontractor.
The appellant general contractor entered into a construction contract and a subcontract with the respondent for a fire protection system.
The appellant was contractually obligated to obtain all-risks property insurance and fire insurance but failed to do so.
A flood occurred due to the respondent's admitted negligence.
The appellant paid the owner for the damages and sought to recover the amount from the respondent.
The Court of Appeal dismissed the appeal, applying the principle that a contractual undertaking to secure property insurance operates as an assumption of the risk of loss or damage caused by the peril to be insured against.
The appellant's failure to obtain the insurance precluded its claim against the respondent.
