Court File and Parties

Court File No.: CV-06-304359
Date: 20120330
SUPERIOR COURT OF JUSTICE - ONTARIO

Re: Alexander Ferroni / Responding Party / Plaintiff

And: St. Joseph’s Health Centre and Dr. Kelly Driver / Moving Parties / Defendants

And: The Queen in Right of Ontario, as the Ministry of Transportation / Defendant

Before: Justice E. P. Belobaba

Counsel:
Ewa Krajewska for St. Joseph’s Health Centre
Nina Bombier and Brendan Gray for Dr. Kelly Driver
Alexander Ferroni, in person

Heard: February 21, 2012

Costs Award

[1] In Reasons released on February 22, 2012, I granted summary judgment and dismissed the actions as against the defendants St. Joseph’s Health Centre and Dr. Kelly Driver. I invited costs submissions within 14 days from the successful defendants and within 10 days thereafter from the unsuccessful plaintiff.

[2] The defendants provided their costs submissions on March 6, 2012. I waited until the stipulated deadline and then allowed a further two weeks as a courtesy because the plaintiff is self-represented. However, nothing was received from the plaintiff. I will thus proceed to make the costs award.

[3] Both St. Joseph’s and Dr. Driver have made extremely reasonable costs submissions. St. Joseph’s incurred just under $22,000 in costs on a partial indemnity scale but advises it would be content with a costs award of $7500. Dr. Driver incurred just over $38,000 in costs but likewise advises that it would be content with a costs award of $7500. By any measure, a costs award of $7500 to each of the two defendants in the circumstances of this case is fair and reasonable.

[4] Costs are therefore fixed at $7500 all-inclusive for each of the defendants. The plaintiff, Alexander Ferroni, is ordered to pay $7500 to St. Joseph’s Health Centre and $7500 to Dr. Kelly Driver within 60 days.

[5] My thanks to counsel for their realistic and appropriate costs submissions.

Belobaba J.

Date: March 30, 2012