Superior Court of Justice - Ontario

Hanson v. St Joseph’s Healthcare CITATION: 2013 ONSC 6843

COURT FILE NO.: 08-5130

DATE: 2013-11-04

RE: Dee Hanson, plaintiff

AND: St Joseph’s Healthcare, Doug Hiltz and Dan Marshall, defendants

BEFORE: Mr Justice Ramsay

COUNSEL: Mr Robert Hooper for the plaintiff; Ms Leslie Wright for the defendants

HEARD: September 9-12, 2013

ENDORSEMENT

[1] The plaintiff sued unsuccessfully for damages for battery and negligence [2013 ONSC 5771]. I found that the doctors and the security guards had done nothing wrong and that the defendants were not liable for the actions of the doctors in any event. The defendant asks for costs. The plaintiff has not made submissions on this issue.

[2] On two occasions before the trial the defendant offered to consent to the dismissal of the action without costs. The defendant was completely successful. It should have its costs. If the defendant had acted reasonably and admitted causation and damages, the trial could have been completed in one day.

[3] I award costs to the defendant on a partial indemnity basis, I fix those costs at $4,000 and I order the plaintiff to pay them.

J.A. Ramsay J.

Date: 2013-11-04