SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: 11-29354 (Hamilton)
DATE: 2013-04-04

RE: Frank Spadafora, Plaintiff/Responding Party

and

The Dominion of Canada General Insurance Company, Defendant/Moving Party

BEFORE: The Honourable Mr. Justice R.D. Reilly

COUNSEL: Andrew Rudder, for the Plaintiff/Responding Party

Lisa C. Pool, for the Respondent/Moving Party

ruling on COSTS

by the honourable mr. justice r.d. reilly

[1] The plaintiff brought this action seeking damages for breach of a contract of insurance, damages in the amount of $100,000.00 for wrongful infliction of mental distress, damages in the amount of $100,000.00 for bad faith and aggravated, punitive and exemplary damages in the amount of $1,000,000.00. This court granted the defendant’s request for summary judgment with respect to the claims for wrongful infliction of mental distress, damages for bad faith and for aggravated, punitive and exemplary damages. These latter claims totalled $1,200,000.00; an amount many times greater than that which the plaintiff could hope to receive if he is successful at trial on the claim for breach of contract. I agree with the submission on costs of counsel for the moving party that the defendant is far better off as a result of the court’s decision on the motion for summary judgment, and that the plaintiff is in a less advantageous position. I remain mindful that the defendant’s motion to dismiss the principal cause of action, for breach of contract, was not successful.

[2] Given the fact that success was divided and having considered the written submissions of counsel, I direct that each of the parties shall bear their own costs of the motion.

R.D. Reilly J.

Released: April 4, 2013