CITATION: Olesiuk v. Hilltop Water Service, 2016 ONSC 4936

COURT FILE NO.: 12424/09

DATE: 2016/08/03

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

John Olesiuk, Fay Olesiuk and Christina Olesiuk by her Litigation Guardian, Fay Olesiuk

Margaret A. Hoy, for the Plaintiffs

Plaintiffs

• and -

Hilltop Water Service, Charles Elston Vaughan and Shelly Vaughan

Kimberly A. Jossul, for the Defendants

Defendants

The Honourable Justice P. R. Sweeny

RULING ON COSTS

1On July 12, 2016 I released my endorsement with respect to this motion. The issues on the motion were as follows:

(1) Whether the costs should be fixed by the court on the motion;

(2) Whether the costs of the WSIAT proceeding were incidental to the action; and

(3) What impact, if any, does the conduct of the defendants have on entitlement to costs?

2The defendants claim significant costs. The defendants sought costs for the WSIAT hearing and for the conduct of the action.

3The defendants did seek to offer to settle the matter on the basis of payment of $10,000 all-inclusive. The plaintiff made no offer of settlement. The plaintiff had significant success on the motion in that the costs of the WSIAT proceeding were not awarded and there was a significant reduction in the fees claimed by the defendants. In essence, success was divided.

4In all the circumstances, there will be no order as to costs of the motion.

Sweeny J.