Court File and Parties
COURT FILE NO.: 525/02
DATE: 20021002
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
DUNLAW LIFE INSURANCE AGENCY LTD., AND AUTOTURBO INC.
Plaintiffs
- and -
THE CITADEL LIFE ASSURANCE COMPANY, THE CITADEL GENERAL ASSURANCE COMPANY, F & I SYSTEMS INC., JOHN INGRAO, F & I INSURANCE AGENCIES LIMITED, DANIEL JOHN SCOPICK AND SCOPICK INSURANCE AGENCY LIMITED
Defendants
Counsel:
Ronald Carr, for the Plaintiffs
William Burden, for the Defendants
HEARD: October 2, 2002
Oral Reasons for Judgment
ARCHIE CAMPBELL J.: (Orally)
[1] The decision to remove the case from the trial list was necessitated by the plaintiff's failure to produce relevant documents and in the result it has delayed the trial by about a year more or less.
[2] The discretionary costs judgment of Madam Justice MacFarland was amply supported by the uncontradicted evidence before her. The so called fresh evidence is largely a repetition of argument already made. To the extent that it may contain evidence of fact, that evidence was available at the time. There is no basis to introduce the fresh material which, in any event, would make no difference in the result.
[3] This case turns entirely on its unique facts. It involves quantum only and raises no question of general public importance.
[4] In considering costs thrown away, the learned judge noted that some, but not all, of the work reflected in the costs claimed by the defendants would have to be repeated. There is nothing in the evidence or the reasons to suggest that the order was in any way punitive or that there was any error in the application of the principles that govern costs thrown away.
[5] The decision reflects a careful and reasoned step-by-step analysis of costs actually incurred and thrown away. There is no good reason to doubt the correctness of the decision.
[6] For these reasons the motion for leave to appeal must therefore be dismissed.
[7] Costs are fixed at $4500.
ARCHIE CAMPBELL J.
Date of Reasons for Judgment: October 2, 2002
Date of Release: October 4, 2002
COURT FILE NO.: 525/02
DATE: 20021002
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
DUNLAW LIFE INSURANCE AGENCY LTD., AND AUTOTURBO INC.
Plaintiffs
- and -
THE CITADEL LIFE ASSURANCE COMPANY, THE CITADEL GENERAL ASSURANCE COMPANY, F & I SYSTEMS INC., JOHN INGRAO, F & I INSURANCE AGENCIES LIMITED, DANIEL JOHN SCOPICK AND SCOPICK INSURANCE AGENCY LIMITED
Defendants
ORAL REASONS FOR JUDGMENT
ARCHIE CAMPBELL J.
Date of Reasons for Judgment: October 2, 2002
Date of Release: October 4, 2002