Suwary v. Women's College Hospital, 2011 ONCA 818
CITATION: Suwary v. Women's College Hospital, 2011 ONCA 818
DATE: 20111222
DOCKET: C50772
COURT OF APPEAL FOR ONTARIO
Simmons, Armstrong and LaForme JJ.A.
BETWEEN
Robert Gregory Suwary and Kylie Suwary, minors by their Litigation Guardian, Kimberly Long-Suwary, Robert Edward Suwary, Katie Buchanan and the said Kimberly Long-Suwary, personally
Plaintiffs (Appellants)
and
Women's College Hospital, Clifford Librach, Sarah Ferguson, Sharon Unger and Laura Lee
Defendants (Respondents)
Paul J. Pape and Shantona Chaudhury for the appellants
Frank McLaughlin, Ken Morris and Sharon Wilmot for the respondent Clifford Librach
Michael K. McKelvey and Anna L. Marrison for the respondents Women's College Hospital and Laura Lee
Heard: April 26, 27 and 28, 2011
Judgment Released: October 31, 2011
COSTS ENDORSEMENT
[1] The appellants requested $207,612.83 on account of partial indemnity costs of the appeal (exclusive of disbursements) as against Dr. Librach and Dr. Librach proposed $101,571.06.
[2] Although we think even the latter figure is on the high end of what is appropriate, given the length of the trial and the issues on appeal and Dr. Librach's position on costs, the appellants' partial indemnity costs against Dr. Librach are fixed at $100,000 inclusive of applicable taxes plus disbursements.
Signed: “Janet Simmons J.A.”
“R. P. Armstrong J.A.”
“H. S. LaForme J.A.”