CITATION: Riddell v. Belair Insurance Company Inc. (C.O.B. Belair Direct), 2017 ONSC 7833
DIVISIONAL COURT FILE NO.: 16-965-JR
DATE: 20170123
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT - OSHAWA
Kiteley, Kruzick and Myers JJ.
BETWEEN:
Matthew Riddell, Applicant (Plaintiff)
– and –
Belair Insurance Company Inc. (C.O.B. Belair Direct) Respondent (Defendant)
M. Riddell, self-represented
A. Wiseman, for the respondent
HEARD at Oshawa: January 23, 2017
TYPED TRANSCRIPT OF HANDWRITTEN ENDORSEMENT
Kiteley J. (Orally):
[1] Mr. Riddell has brought a Notice of Application for Judicial Review. There is some question whether that was the appropriate course of action. However, the amounts in issue are modest and we do not see the need to hear submissions on the jurisdiction issue before dealing with the substantive issue.
[2] We agree with Mr. Riddell that the Deputy Judge did not have jurisdiction to order costs of the settlement conference over which he did not preside. We agree with Mr. Riddell that the Deputy Judge could only order costs of more than $100.00 on the motion pursuant to Rule 15.07 without special circumstances. Based on the transcript of the hearing, there were no special circumstances.
[3] We asked Mr. Riddell for submissions as to whether the amount of costs of the motion he should pay would be $100.00 of the motion. Having heard submissions, we are satisfied that it was reasonable for Belair to have brought that motion. An order was not needed that day because Mr. Riddell had managed to file his amended statement of claim before the 7 days ordered. Mr. Riddell should pay costs of $100 pursuant to Rule 15.07 of the motion.
[4] As for costs of this application, Mr. Riddell has a costs outline of $882.00 in fees and $881.84 in disbursements. Counsel for Belair has attended today because of this claim for costs and she has a costs outline totaling $400.00.
[5] The request by the representative of Belair for costs of the settlement conference and for costs of the motion in excess of Rule 13.05 and 15.07 respectively precipitated this Notice of Application. It is reasonable that Mr. Riddell should recover his significant disbursements.
ORDER TO GO:
Mr. Riddell shall pay costs of the motion heard May 20, 2016 in the amount of $100.00.
Belair shall pay costs of this Notice of Application fixed in the amount of $881.84.
Paragraph 1 is to be set off against paragraph 2, leaving Belair paying $781.84 by February 24, 2017.
Judge
I agree _______________________________
Judge
I agree _______________________________
Judge
Released: January 23, 2017
CITATION: Riddell v. Belair Insurance Company Inc. (C.O.B. Belair Direct), 2017 ONSC 7833
DIVISIONAL COURT FILE NO.: 16-965-JR
DATE: 20170123
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Kiteley, Kruzick and Myers JJ.
BETWEEN:
Matthew Riddell, Applicant (Plaintiff)
– and –
Belair Insurance Company Inc. (C.O.B. Belair Direct) Respondent (Defendant)
REASONS FOR JUDGMENT
Kiteley J.
Released: January 23, 2017