SUPERIOR COURT OF JUSTICE – ONTARIO

COMMERCIAL LIST

RE: Bardhyl Qirjaku and Guahara Qirjaku, Plaintiffs

AND:

Toronto Transit Commission, Bruno Trim and Rogelio Donato, Defendants

BEFORE: D. M. Brown J.

COUNSEL:
J. Lim, for the Moving Party Defendant, Rogelio Donato

A. Blott, Q.C., for the Plaintiffs

HEARD: Written cost submissions dated March 11 and 28, 2014.

supplementary REASONS FOR DECISION - costs

[1] By Reasons dated February 24 and March 3, 2014, I dismissed the summary judgment motion brought by the defendant, Rogelio Donato, against the plaintiff. The plaintiff seeks costs on what appears to be a full indemnity basis in the amount of $27,094.29, consisting of $16,750 in legal fees and $10,334.29 in disbursements, most of which concern the cost of securing an expert report (which will be used at the trial in any event). Donato submitted that the costs of the motion should be left to the trial judge or, alternatively, fixed on a partial indemnity basis.

[2] I shall leave the costs of the motion for the trial judge to determine. As I observed in my February 24, 2014 Reasons, both parties took the unusual approach of filing evidence on a “file review” basis. Moreover, while I found that a genuine issue requiring a trial existed, the issue of what liability, if any, will attach to Donato is a very live one. Accordingly, I think it best to leave the costs of the motion in the hands of the trial judge.

D. M. Brown J.

Date: June 12, 2014