Court File and Parties

Citation: Lindhorst v. Aviva Insurance Company of Canada, 2010 ONCA 2

Date: 20100106

Docket: C49495

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

[1] The 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.

[2] The 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.

[3] The 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.

[4] No costs of the appeal.