DATE: 20051114

DOCKET: C39121

COURT OF APPEAL FOR ONTARIO

RE: DEAN KOSANOVIC (Respondent) v. WAWANESA MUTUAL INSURANCE CO. (Appellant)

BEFORE: LASKIN, FELDMAN and ARMSTRONG JJ.A.

COUNSEL: Peter Haney for the appellant

Gary L. Petker for the respondent

HEARD: September 12, 2003.

On appeal from the judgment of James C. Kent J. of the Superior Court of Justice dated October 24, 2002 made at Kitchener, Ontario.

E N D O R S E M E N T

[1] The defendant insurer was successful and therefore we think it is entitled to the costs of the motion before Kent J. We are also of the view that the bill and hourly rate of the defendant’s counsel are reasonable. That said, the costs award should be very modest, bearing in mind that the insurer refused to pay the amount it was obligated to pay ($97,500) until after the motion before Kent J. In all the circumstances, we order that the plaintiff pay the defendant’s costs of the motion fixed at $2,500 inclusive of disbursements and GST.