Court File and Parties
Court of Appeal for Ontario
Goudge, Cronk and Gillese JJ.A.
Between:
Alvin Lindhorst
Plaintiff (Appellant)
and
Aviva Insurance Company of Canada
Defendant (Respondent)
Counsel:
Alvin Lindhorst, appearing in person
D. Lynn Turnbull and Nelson Dewey, for the respondent
Heard: December 18, 2009
On appeal from the order of Justice Jane E. Kelly of the Superior Court of Justice, dated September 9, 2008.
Appeal Book Endorsement
1The motion judge awarded costs of $3950 to the respondent on its motion. However, the respondent was unsuccessful in obtaining its two major objectives; that the appellant pay $1348 and be required to sign a release. No basis is given for the costs ordered below in the amount ordered and costs principles suggest none.
2The limited success of the respondent is properly reflected in a costs order of $1000. We would set aside the costs order below and substitute an order in the respondent’s favour of $1000 all inclusive.
3The appellant also seeks to set aside the findings of the motion judge on the defamation issue, and argues that the motion judge had no jurisdiction on a motion of this kind to make the findings concerning defamation that she did. We agree and we would so order.
4No costs of the appeal.