Court File and Parties

COURT FILE NO.: CV-10-416611 DATE: 20160811 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Mason Homes Limited, Plaintiff/Responding Party AND: Lombard General Insurance Company of Canada, Defendant/Moving Party

BEFORE: Carole J. Brown, J.

COUNSEL: P. Gemmink, for the Plaintiff/Responding Party F. Viera, for the Defendant/Moving Party

HEARD: June 21, 2016

COSTS ENDORSEMENT

[1] The defendant, Lombard General Insurance Company of Canada, was wholly successful as regards its motion for summary judgment and dismissal of the plaintiff's claims against it on the basis that there was no genuine issue requiring a trial as regards those claims.

[2] It seeks its costs on a partial indemnity basis of $13,269.09 inclusive of disbursements and HST.

[3] As a general rule, costs are awarded to the successful party. Any award of costs is intended to compensate the successful party to the litigation for some of the legal expenses incurred by that party.

[4] In considering the costs award, I am satisfied that the amount of costs is proportionate, taking into account the original claim against Mason and the claims brought by Mason against Lombard. I am further of the view that the costs sought are reasonable. I note that the partial indemnity costs sought by the plaintiff were in the amount of $9,353.50 including HST. I do not find the difference in the costs of each party to be substantially disparate, such as to render the defendant's costs unreasonable. I note, as well, that the defendant's motion materials, prepared in this matter, were of significant use to the court.

[5] In exercising my discretion as regards costs, I have considered, in addition to the principles of proportionality and reasonable expectations, the factors set forth at rule 57.01 of the Rules of Civil Procedure. I award the defendant its costs in the amount of $13,269.09 all-inclusive, payable forthwith by the plaintiff.

Carole J. Brown, J. Date: August 11, 2016