COURT FILE NO.: 10-18965SR (Hamilton)

DATE: 2012-03-27

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Angela Pickrem (formerly Angela Milbury), Plaintiff

AND:

Belair Insurance Company Inc., Defendant

BEFORE: The Honourable Mr. Justice D. A. Broad

COUNSEL: Arthur Camporese, Counsel, for the Plaintiff

Daniel Rosenkrantz Counsel, for the Defendant

costs ENDORSEMENT

[ 1 ] The Plaintiff seeks costs of the Motion and Cross-Motion and has provided a costs outline indicating partial indemnity costs in the sum of $ 8,599.61, inclusive of disbursements and HST.

[ 2 ] The Defendant does not take issue with the Plaintiff’s costs outline, but submits that, in view of the lengthy delay in bringing these proceedings, and the partial success of the Defendant insofar as the action was stayed pending the return of the settlement funds, there should be no order as to costs.

[ 3 ] It appears that it was not contested by the Plaintiff that the settlement funds should be repaid, and the matter was not a significant factor in argument. I do not find that there was any significant delay which would bear on the question of costs of the Motions. I therefore order that the Defendant pay costs to the Plaintiff in the sum of $ 8,599.61, with payment to be made forthwith.

D. A. Broad J.

Date: March 27, 2012