This endorsement addresses the costs of an unsuccessful motion brought by the plaintiffs, Milena and Stane Karafiloski, to add Viking Insurance Company of Wisconsin as a defendant.
The original motion was dismissed because the claim against Viking was statute-barred by the Limitations Act, 2002.
Viking, as the successful party, sought substantial indemnity costs and argued that the Motor Vehicle Accident Claims Fund (MVACF) should be jointly liable, alleging MVACF encouraged the motion.
The court found that MVACF was not the "real litigant" and its liability was not impacted by the motion's outcome, thus declining to hold MVACF liable for costs.
Considering factors such as the complexity of the issues, the importance of the matter, and the reasonableness of time spent and hourly rates, the court fixed Viking's costs at $12,000, inclusive of disbursements and HST, payable by the plaintiffs.
The court acknowledged the plaintiff's difficult circumstances but found no justification to limit or postpone Viking's ability to collect costs.
