CITATION: Berkley Insurance Company v. Rob Piroli Construction Inc., 2016 ONSC 2429
COURT FILE NO.: CV-15-526959
DATE: 20160412
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
BERKLEY INSURANCE COMPANY
Applicant
– and –
ROB PIROLI CONSTRUCTION INC.
Respondent
Richard Yehia for the Applicant
Myron W. Shulgan, Q.C. for the Respondent
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] Berkley Insurance Company brought an application under Rule 14 of the Rules of Civil Procedure to obtain an injunction as its exclusive primary relief and not as ancillary relief. I dismissed the application on jurisdictional grounds; see Berkley Insurance Company v. Rob Piroli Construction Inc., 2016 ONSC 990.
[2] The Respondent Rob Piroli Construction Inc. seeks costs of $18,172.31, all inclusive on a substantial indemnity basis.
[3] Berkley Insurance submits that there is no basis for a punitive costs award but concedes that costs should be awarded on a partial indemnity basis. I agree.
[4] Therefore, after deducting the wasted costs of an adjournment because of the non-availability of judicial resources (for which the parties unfortunately must bear their own costs), and after making adjustments so that the costs are reasonable and fair in all the circumstances of this case, I award the Respondent $10,000, all-inclusive.
[5] Order accordingly.
Perell, J.
Released: April 12, 2016
CITATION: Berkley Insurance Company v. Rob Piroli Construction Inc., 2016 ONSC 2429
COURT FILE NO.: CV-15-526959
DATE: 20160412
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
BERKLEY INSURANCE COMPANY
Applicant
– and –
ROB PIROLI CONSTRUCTION INC.
Respondent
REASONS FOR DECISION - COSTS
PERELL J.
Released: April 12, 2016