Superior Court of Justice - Ontario

COURT FILE NO.: CV-10-402430
DATE: 20130723

RE: JASODA PERSAUD by her Litigation Guardian Lakhraji Pydiah, LAKHRAJI PYDIAH and ADRIAN PERSAUD by his Litigation Guardian Lakhraji Pydiah, Plaintiffs

AND:

DR. EDWARD JOHN RZADKI, DR. JOHN DOE I, DR. JOHN DOE II, DR. JOHN DOE III, NURSE JANE DOE I, NURSE JANE DOE II, NURSE JANE DO III, NURSE JANE DOE IV and WILLIAM OSLER HEALTH CENTRE – ETOBICOKE HOSPITAL CAMPUS, Defendants

BEFORE: R. F. Goldstein J.

COUNSEL:
Gurcharand Anand, for the Plaintiffs, Lakhraji Pydiah and Adrian Persaud

Anthea Chung, Litigation Guardian for the Plaintiff Jasoda Persaud

Anna L. Marrison, for the Defendant, William Osler Health Centre – Etobicoke Hospital Campus

Nina Bombier and Julia L. Lefebvre, for the Defendant, Dr. Edward John Rzadki

HEARD: April 4, 2013

COSTS ENDORSEMENT

[1] On April 4, 2013, I granted two motions in respect of this matter. One motion was brought to approve a settlement between Jasoda Persaud (by her litigation guardian the Public Guardian and Trustee) and the defendants. As Ms. Persaud was a person under a disability, the settlement required the approval of a superior court judge. I approved the settlement, which provided for dismissal of the action by Ms. Persaud on a without-costs basis.

[2] The second motion was a summary judgment motion brought by the defendants against the remaining plaintiffs, Lakhraji Pydiah and Adrian Persaud. I granted that motion with costs. The defendants submitted costs outline asking for relatively nominal costs. The plaintiffs did not make submissions on costs, although entitled to do so.

[3] The defendant William Osler Health Centre and the defendant Dr. Rzadki each ask for $5000 in costs payable by the Ms. Pydiah. The costs outlines provided to me indicate that each party incurred substantially more than $5000 in. Dr. Rzadki incurred costs of $25,243.80 in fees at a partial indemnity rate and $42,194.05 in fees at the actual rate. Disbursements of $3,762.88 were also incurred. The Health Centre incurred costs of $20,000.00 in fees at a partial indemnity rate and $34,470.00 in fees at the actual rate. Disbursements of $3,989.64 were also incurred.

[4] The expert reports make up the bulk of the disbursements for both defendants. Disbursements make up the bulk of the costs sought. It is obvious that the defendants are, in essence, asking for Ms. Pydiah to pay only their disbursements. It is hard to imagine the defendants being more reasonable or fair. This is especially so given that there were actions taken by Ms. Pydiah that unnecessarily lengthened the proceedings.

[5] Accordingly, costs in the amount of $5000 will be payable by Ms. Pydiah to the Health Centre. Costs in the amount of $5000 will be payable by Ms. Pydiah to Dr. Rzadki.

R. F. Goldstein J.

Date: July 23, 2013