R.L. Maranger J.

The defendant brought a motion for summary judgment to dismiss two actions arising from a motor vehicle accident in Ontario.

The defendant argued that because the deceased and the defendant were residents of Quebec, Quebec's no-fault automobile insurance regime and Civil Code should apply, precluding the tort actions.

The court dismissed the motion, applying the lex loci delicti rule from Tolofson v. Jensen.

The court held that Ontario substantive law applies to torts committed in Ontario, allowing the plaintiffs, including derivative claimants under the Family Law Act, to proceed with their actions.

Following a successful summary judgment motion setting aside a fraudulent conveyance, the plaintiffs sought costs of up to $145,509.94.

The court found the claimed amounts excessive, particularly a $69,060.20 disbursement for an expert accounting report that was not relied upon or referred to during the motion.

Applying the principle that costs should be fair and reasonable for the unsuccessful party to pay, the court fixed costs at $31,000 all-inclusive, as suggested by the defendant.