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The court awarded partial indemnity costs to the defendants following the dismissal of a personal injury action, reducing the quantum due to delay in bringing a WSIAT application.
The court fixed costs following the dismissal of a personal injury action after the Workplace Safety and Insurance Appeals Tribunal (WSIAT) determined the plaintiff’s right of action was removed by statute.
The court considered the conduct of both parties, including delay in bringing the WSIAT application, and awarded the defendants $62,000 in costs on a partial indemnity basis, excluding costs related to the WSIAT hearing and a security for costs motion.
After-The-Event (ATE) insurance policy accepted as adequate security for costs in lieu of payment into court.
The defendants brought a motion for security of costs against the plaintiff, an American actress residing in California with no assets in Ontario, who sued for injuries sustained from a dog bite on a film set.
The plaintiff opposed paying security into court, arguing that her After-The-Event (ATE) legal expenses insurance policy provided adequate protection for the defendants' costs.
The court held that the specific ATE policy, which covered costs up to the date of any cancellation and was supported by counsel's undertaking to advise of any policy suspension, was an adequate substitute for payment into court.
The court exercised its discretion to accept the ATE policy as security for costs.
