Vern Rogers

Following a successful motion by the defendants to strike the claims of the plaintiff with leave to amend, the parties submitted written arguments on costs.

The defendants sought $4,278.75, while the plaintiff argued for no costs due to divided success.

The court found the defendants were the successful parties and fixed costs at $3,000 inclusive, payable by the plaintiff within 60 days.

The appellant, Goodyear Canada Inc., appealed a motion judge's decision declining to adopt the American 'Stonewall Principle' into Ontario law.

Goodyear sought to hold its insurers liable for asbestos-related injuries occurring after 1985, when it could no longer obtain liability insurance for such risks.

The Court of Appeal dismissed the appeal, finding that the insurance policies unambiguously limited coverage to occurrences during the policy periods.

The Court held that adopting the Stonewall Principle would unfairly shift the risks of Goodyear's business decisions to the insurers, contrary to the express terms of the policies and public policy.

Following a complex motion regarding insurance coverage for asbestos claims where the plaintiff was unsuccessful, the successful defendant insurers sought their costs.

The plaintiff argued for a reduction based on divided success on factual issues and refusal to admit facts.

The court rejected the plaintiff's arguments, finding the defendants were the clear winners and their refusal to admit facts was not unreasonable.

The court awarded partial indemnity costs to the defendants, making some reductions to specific bills for duplication of effort among multiple counsel, totaling approximately $546,887.