SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO: CV-11-434413
DATE: 20120106

RE: Security National Insurance Company

Applicant

• and -

The Personal Insurance Company / Certas Insurance

Respondent

BEFORE: The Honourable Mr. Justice Brian P. O’Marra

COUNSEL:
Derek Greenside,
for the Applicant

Todd McCarthy,
for the Respondent

HEARD: Written Submissions

ENDORSEMENT AS TO COSTS

[ 1 ] Counsel were invited to make further brief written submissions as to costs further to my ruling released December 22, 2011. Unfortunately and inappropriately, counsel for the applicant in his letter of December 30, 2011 went beyond this final issue and made further submissions as to what he felt should have been the disposition on the merits. I will confine my ruling on costs to the proper further limited submissions of both counsel.

[ 2 ] I disagree with counsel for the respondent who suggest that costs of the Appeal be deferred to the Arbitrator. The applicant succeeded on the Appeal even though the remedy granted by this Court was not what was proposed.

[ 3 ] Costs awarded to the applicant in the amount of $3,500 plus disbursements, plus HST, payable forthwith.

B. P. O’MARRA, J.

DATE: January 6, 2012