SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: CV-11-1751-00
DATE: 2013-07-24
RE: RICHARD AINSLEY v. DONNA FITZPATRICK
BEFORE: Thomas A. Bielby J.
COUNSEL:
Carol Struthers, for the Plaintiff
Ian Latimer, for the Defendant
C O S T S E N D O R S E M E N T
[1] The defendant was successful in her motion for summary judgment. As a result, the action was dismissed.
[2] In the ordinary course, costs are awarded to the successful party. Notwithstanding the submissions of counsel for the plaintiff, I am not persuaded to do otherwise.
[3] The motion for summary motion was properly brought, with amble notice.
[4] Even accepting the plaintiff may have mental health issues and may be impecunious, I believe costs ought to be awarded to the defendant on a partial indemnity scale.
[5] The defendant seeks costs of $12,270.79, inclusive of a counsel fee on the motion, disbursements, H.S.T., and for time spent on the costs submissions. I do not find the defendant’s claim for costs excessive, especially given the plaintiff’s bill of costs in excess of $10,000.00.
[6] The defendant is awarded her costs of the action and motion, in the amount of $12,270.79, all inclusive.
Thomas A. Bielby J.
DATE: July 24, 2013
COURT FILE NO.: CV-11-1751-00
DATE: 2013-07-24
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: RICHARD AINSLEY v.
DONNA FITZPATRICK
BEFORE: Thomas A. Bielby J.
COUNSEL: Carol Struthers, for the Plaintiff
Ian Latimer, for the Defendant
COSTS ENDORSEMENT
Thomas A. Bielby J.
DATE: July 24, 2013