Hilary Weise

The defendant, TD Home and Auto Insurance Company, sought full indemnity costs of over $600,000 after successfully defending a breach of contract claim (arson defence) and succeeding on a counterclaim in a three-week jury trial.

The plaintiff, Nazir Azami, conceded costs but argued the amount was excessive and should be on a partial indemnity scale.

The court, applying Rule 57.01(1) of the Rules of Civil Procedure, found that substantial indemnity costs were warranted due to the plaintiff's deceitful conduct and unfounded allegations of misconduct.

However, the court significantly reduced the claimed amount, finding the defendant's docketed hours (over 1,750 combined hours by six lawyers) and claimed disbursements (over $130,000) to be disproportionate and excessive.

The court also noted the defendant's conduct contributed unnecessarily to the trial's length.

Ultimately, the court ordered the plaintiff to pay the defendant's costs in the total amount of $211,500, inclusive of fees, disbursements, and HST.

The appellant, Broadgrain Commodities Inc., sold sesame seeds to Beidahuang Grain Group Co. Ltd. under a CIF contract.

The goods were damaged during transit.

The appellant obtained marine insurance from the respondent, Continental Casualty Company, but the respondent denied coverage.

The motion judge granted summary judgment dismissing the appellant's action, finding that although the appellant had an insurable interest, it sustained no loss as it was paid in full by Beidahuang.

The appellant appealed, arguing it suffered loss through subsequent short-payments from Beidahuang.

The Court of Appeal upheld the dismissal, finding the appellant failed to provide any credible evidence of loss and that a self-serving affidavit without supporting documentation was insufficient to create a triable issue.

The defendant was wholly successful on a summary judgment motion dismissing the plaintiff's action regarding a marine insurance claim.

The court previously awarded costs to the defendant on a partial indemnity scale and requested submissions on quantum.

After considering the complexity of the factual and legal issues, the volume of document production, and the amount claimed, the court fixed the defendant's costs at $50,848.75 inclusive of fees, HST, and disbursements.

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for compensation under a marine insurance policy for damaged cargo.

The defendant argued the plaintiff lacked an insurable interest and suffered no loss because the buyer paid in full.

The court found the plaintiff maintained an insurable interest throughout the voyage under the broad definition in the Marine Insurance Act.

However, the court granted summary judgment dismissing the action because the plaintiff failed to provide sufficient evidence that it suffered a loss, relying only on a bald assertion that it was short-paid on subsequent shipments.