Equitable Trust v. Portage La Prairie, 2015 ONSC 120

COURT FILE NO.: CV-13-00481960-0000

DATE: 20150108

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: THE EQUITABLE TRUST COMPANY, Plaintiff

AND:

THE PORTAGE LA PRAIRIE MUTUAL INSURANCE CO., Defendant

BEFORE: STEWART, J.

COUNSEL: Martin Banach, for the Plaintiff

Pasquale Santini, for the Defendant

HEARD: In Writing

costs ENDORSEMENT

[1] In my endorsement of November 18, 2014, I invited counsel for the parties to make written submissions on costs if that subject could not be agreed upon by them.

[2] Equitable was successful on the motion for summary judgment which disposed of the entire proceedings. Seven days prior to the hearing, Equitable delivered a formal Offer to Settle to trigger costs consequences pursuant to Rule 49.

[3] Equitable now seeks its full indemnity costs in an amount slightly less than $36,000.00.

[4] I consider that the costs consequences of Rule 49 should apply only from the time of delivery of the Offer to Settle and embrace preparation for and attendance at the hearing. Moreover, the overriding principle of proportionality must apply to the costs disposition generally.

[5] When all of the factors affecting costs are taken into account, I am of the view that the appropriate and fair amount to award Equitable for costs is $25,000.00, inclusive of all disbursements and applicable taxes. That amount shall be paid to Equitable by Portage within 60 days of today’s date.

STEWART J.

Date: January 8, 2015