NEWMARKET
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Maria Natario, Plaintiff/Moving Party
AND:
Manuel Rodrigues and Lucia Goncalves, Defendants/Responding Parties
BEFORE: THE HON. MR. JUSTICE P.H. HOWDEN
COUNSEL:
P. Avagyan, Counsel for the Plaintiff/Moving Party
J.F. Diamond and J.V. Maloney, Counsel for the Defendants/Responding Parties
HEARD: By written submissions
COSTS ENDORSEMENT
[1]
Overview
This is a claim for costs following a motion involving requests for an amendment to the Statement of Claim, premises-inspection by an expert witness, document-production, and order for examination before trial of two witnesses who were at the accident scene soon after it happened. The first two were more hotly contested.
2The defendants were trying to defend their monopoly of the facts, given the plaintiff had a head injury on their property and she has a spotty memory about most of it, from what I understand.
3The motion otherwise was unremarkable in time and preparedness. All counsel acted professionally and with good time and yet covered their points.
4I tend to agree with the defence as to the preparation time here. There were a number of issues but those issues were mostly contained and centred on one or two cases.
[5]
Disposition
I see no reason not to follow the usual rule by granting costs to the winning party, the plaintiff. The scale of costs is partial indemnity. Costs are allowed at $2,000 plus disbursements of $407. The defendants are jointly and severally responsible for payment of the costs totalling $2,407 plus HST within 30 days.
HOWDEN J.
Date: December 30, 2014