Court File and Parties
COURT FILE NO.: CV-09-591-00
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
KAREN CHEETHAM
Plaintiff
– and –
TD LIFE INSURANCE COMPANY, CANADA LIFE ASSURANCE COMPANY and INGRID FORREST
Defendants
Karen Cheetham, Self-Represented
Kevin P. Nearing, for the Defendants
Ruling on costs
Maranger J.
Ruling on Costs
[1] This is a ruling on the issue of costs, it follows my decision released on August 30, 2013.
[2] In that decision a certain period of time was allotted to present arguments respecting costs, the allotment of time is well past and the only materials received were from counsel representing the defendants.
[3] Mr. Nearing requests costs fixed the amount of $45,000, if I were to award costs I would have awarded costs in that all-inclusive sum. However, I am declining to award costs in the circumstances of this case for the following reasons:
• The plaintiff was unrepresented at the trial of this matter.
• The loss of her claim was based entirely on a strict application of the law. A life insurance claim would have been paid had the deceased insured passed away on November 2 instead of October 12.
• The plaintiff a person of modest means has already tragically lost her common-law partner, and because of the loss of this trial will owe the TD bank over $100,000, in a situation where she believed she was insured.
• I find that this is one of those rare cases where I can take into account the tragic circumstances of a case when exercising my discretion as to costs and make a no cost order. see Byers,by her Litigation et al v. Pentex Print Master Industries 2002 49474 (ON SC), 59 O.R.(3d) 409 SCJ..
[4] I should indicate that the conduct of Mr. Nearing in representing the defendants was very professional even exemplary and but for the tragic circumstances of the plaintiff, an award of costs would have been made.
Maranger J.
Released: October 16, 2013
COURT FILE NO.: CV-09-591-00
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
KAREN CHEETHAM
Plaintiff
– and –
TD LIFE INSURANCE COMPANY, CANADA LIFE ASSURANCE COMPANY and INGRID FORREST
Defendants
RULING ON COSTS
Maranger J.
Released: October 16, 2013