SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

CITATION: Stewart v. Demme, 2022 ONSC 2329

DIVISIONAL COURT FILE NO.: 33/20 & 41/20

DATE: 2022/04/14

RE: PENNY STEWART, Plaintiff (Respondent)

AND:

Catherine Demme and william osler health system, Defendants (Appellants)

BEFORE: Sachs, J.A. Ramsay and Nishikawa JJ.

COUNSEL: Christopher Du Vernet and Carlin McGoogan, for the Plaintiff (Respondent)

Michael Burger, for the Defendant (Appellant)

HEARD at Toronto: In writing

ENDORSEMENT RE COSTS

[1] We have received the submissions respecting costs from the Defendant, Catherine Demme and the Plaintiff, Penny Stewart. Having reviewed those submissions we award the Defendant, Catherine Demme, her costs of the leave ($2500.00) and fix the costs of the appeal in the amount of $5000.00 (all inclusive). In doing so we do not accept that the Appellant should be denied her costs because this litigation stems from her conduct. What is at issue is her conduct in the litigation, which has been appropriate. However, the majority of the submissions on the appeal were made by the Defendant Hospital and thus we have limited the costs awarded to Ms. Demme.

Sachs, J.

J.A. Ramsay, J.

Nishikawa, J.

Date: April 14, 2022