NEWMARKET
COURT FILE NO.: CV-12-111216-00
DATE: 20141230
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] 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.
[2] The 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.
[3] The motion otherwise was unremarkable in time and preparedness. All counsel acted professionally and with good time and yet covered their points.
[4] I 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] 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