ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
RIOCAN PROPERTY SERVICES INC. and RIOCAN MANAGEMENT INC.
Applicants
– and –
THE DOMINION OF CANADA GENERAL INSURANCE CO.
Respondent
Ryan D. Garrett , for the Applicants
Dawn Searle, for the Respondent.
HEARD: In writing
Costs Decision
T.D. RAY, J
1I granted the applicant’s application and ordered that the respondent pay 75% of the applicants’ costs of defending an action for personal injury under a CGL policy. (2013 ONSC 2474).
2The applicants claim costs in the amount of $5,970.46 as being 75% of their full indemnity costs. The respondent says that no costs should be ordered, since it had offered to settle the applicants’ application on the basis of paying 50% of their costs, while the applicants had made no offer at all.
3It was the applicants’ position in submissions that the respondents should be ordered to pay 80% of their costs, while the respondent argued that 50% was appropriate.
4While the applicants were the successful party, I fail to see the basis for what amounts to substantial indemnity costs to be paid. Furthermore, I see no reason to deprive the applicants of any costs.
5Partial indemnity costs are to be paid by the respondent, to the applicants as the successful party. The usual partial indemnity award is calculated on the basis of 55% of a reasonable full indemnity bill of costs, plus disbursements. Proportionality is a significant factor. Having regard to all of the factors in Rule 58, I assess the applicants’ costs at $4,500.00, to be paid by the respondent.
Honourable Justice Timothy Ray
Released: June 10, 2013
COURT FILE NO.: 13-56679
DATE: 20130610
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
RIOCAN MANAGEMENT INC. and RIOCAN PROPERTY SERVICES INC.
Applicants
– and –
THE DOMINION OF CANADA GENERAL INSURANCE CO.
Respondent
COSTS DECISION
Honourable Justice Timothy Ray
Released: June 10, 2013