Ferro & Company

Following a successful motion for summary judgment dismissing the plaintiff’s action, the defendant sought costs on a partial indemnity basis.

The plaintiff provided no submissions despite being invited to do so.

After reviewing the docketed time, hourly rates for counsel and law clerk, and the factors under Rule 57 of the Rules of Civil Procedure, including delays in the prosecution of the action by the plaintiff, the court found the claimed costs reasonable.

The court fixed costs payable by the plaintiff to the defendant for fees and disbursements.

The defendant insurer brought a motion for summary judgment in an action seeking accident benefits and alleging bad faith in the handling of the claim.

The court found the action was commenced outside the two-year limitation period under s. 281.1 of the Insurance Act, which began running from the insurer’s clear refusal of benefits.

The plaintiff had also failed to submit a disability certificate certifying the statutory criterion required for non-earner benefits.

The court further held the allegations of bad faith were unsupported by evidence and subject to the same limitation period.

Summary judgment was granted dismissing the action.