The plaintiff, The Roman Catholic Episcopal Corporation of Ottawa (RCECO), sued the defendant insurer, l’Assurance mutuelle de l’inter-ouest (Mutuelle), for confirmation of insurance coverage for sexual abuse claims.
Initially, RCECO sought coverage for eight pre-1976 claims, which were later found to be uncovered as Mutuelle was not licensed for public liability insurance before that period.
RCECO subsequently amended its claim to include four additional claims, three of which Mutuelle recognized.
Mutuelle brought a motion for summary judgment, but the parties settled, resulting in nine claims being dismissed and three recognized.
The sole remaining issue was costs.
Mutuelle sought partial indemnity costs, arguing greater success, while RCECO sought substantial indemnity costs, citing Mutuelle's unreasonable conduct in failing to respond to coverage inquiries.
The court acknowledged Mutuelle's greater success in dismissing claims but also noted its unreasonable conduct.
Ultimately, the court declined to award costs to either party, finding RCECO's claimed costs excessive for a settled summary judgment motion.
