Court File and Parties

COURT FILE NO.: 675/03

DATE: 20050927

SUPERIOR COURT OF JUSTICE - ONTARIO

(Divisional Court)

RE: Susan howard-Azzeh v. st. catharines standard group inc., bob mckenzie, john harding and grant lafleche

BEFORE: Then J.

COUNSEL: Rocco Galati for the Applicant/Plaintiff

Jennifer A. Guy for the Respondents/Defendants

E N D O R S E M E N T A S T O C O S T S

[1] The Applicant (Plaintiff) sought leave to appeal to the Divisional Court on the preliminary issue determined by Echlin J. wherein he held that an application for security for costs is capable of being advanced against a plaintiff residing in Ontario pursuant to s. 12(1) of the Libel and Slander Act, R.S.O. 1990, c. L. 12 and ordered costs in the amount of $4,000.00. This court dismissed the application for leave to appeal to the Divisional Court.

[2] The Respondent submits that having regard to the factors in rule 57.01(1) it would be reasonable for the court to fix costs on a partial indemnity basis in the amount of $6,270.57 inclusive of disbursements and G.S.T.

[3] The Applicant submits that the very narrow issue before Echlin J. and on the leave application was addressed by the Respondents by essentially the same arguments and that a reasonable amount for costs on the leave motion was in the range of $1,500-$2,000 as Echlin J. had already awarded costs in the amount of $4,000.00.

[4] In my view, having regard to the narrow issue before me and the factors outlined in rule 57.01(1) it would be fair and reasonable to award costs to the Respondent on a partial indemnity basis in the amount of $3,000.00 all inclusive.

Then J.

Released: