ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 13-56679
DATE: 20130610
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
[1] I 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).
[2] The 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.
[3] It 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.
[4] While 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.
[5] Partial 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