Court of Appeal for Ontario

CITATION: Burns v. RBC Life Insurance Company, 2020 ONCA 377

DATE: 20200610

DOCKET: C67837

BEFORE: Gillese, Brown and Jamal JJ.A.

BETWEEN

Randolph Burns

Plaintiff (Appellant)

and

RBC Life Insurance Company, Lauren McLean and Anna Oslizlok

Defendants (Respondents)

COUNSEL:

Deanna S. Gilbert, for the appellant

Barry G. Marta, for the respondents

HEARD: In-writing

On appeal from the order of Justice Paul Perell of the Superior Court of Justice, dated December 3, 2019, with reasons reported at 2019 ONSC 6977.

COSTS ENDORSEMENT

[1] By reasons for decision dated June 4, 2020, we allowed the appeal to the extent of granting the appellant leave to amend his Statement of Claim as against the individual respondents, Ms. McLean and Ms. Oslizlok. As the parties were unable to resolve the issue of costs, we heard brief cost submissions by teleconference on June 8, 2020.

[2] The appellant seeks partial indemnity costs in the amount of $12,500. The respondents submit that they should be awarded partial indemnity costs in the amount of approximately $7,170 and no change should be made to the costs awarded by the motion judge.

[3] In our view, success on the appeal was divided: the order of the motion judge striking out the Statement of Claim as against the individual respondents was not set aside but the order was varied to grant the appellant leave to amend his claim. Accordingly, we order no costs of the appeal.

[4] The appellant sought to appeal the costs awarded by the motion judge. We reduce the costs awarded below from $6,000 to $3,000 payable only to RBC Life Insurance Company to reflect its success on the discovery-related part of the motion.

"E.E. Gillese J.A."

"David Brown J.A."

"M. Jamal J.A."