Court File and Parties

COURT FILE NO.: CV-14-516561 DATE: 20161014 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Continental Casualty Company, Plaintiff – AND – Robert Symons, as successor in interest to G. Gordon Symons also known as Gerald Gordon Symons and as Trustee of the Estate of Gerald Gordon Symons, Alan G. Symons, The Estate of Gerald Gordon Symons, Symons International Group, Inc., IGF Holdings, Inc., Granite Reinsurance Company, Ltd. and Goran Capital Inc., Defendants

BEFORE: Justice E.M. Morgan

COUNSEL: Lou Brzezinski and Varoujan Arman, for the Plaintiff Sean Zeitz, for the Defendants

HEARD: July 28, 2016, submissions in writing

Supplementary Costs Endorsement

[1] In my Supplementary Endorsement of July 22, 2016, I indicated that the Plaintiff deserved its costs of the supplementary submissions. As I hoped to make clear in my Second Supplementary Endorsement of July 27, 2016, I may have misapprehended the Defendants’ point in writing my initial Supplementary Endorsement.

[2] Although I was initially of the view that the Defendants’ submissions did not truly address the settling of the Order, I was then made to understand that the Defendants did indeed address an issue that could be examined at this late stage. Although I ultimately did not agree with the Defendants’ submission and dismissed their objection, the clarification of the issue did convince me that any costs order as a result of the supplementary submissions should be a modest one.

[3] That said, Plaintiff’s counsel did spend some time responding in supplementary submissions of their own, and in the result I agreed with the Plaintiff’s position. Accordingly, the Plaintiff is entitled to a small amount of costs in order to at least minimally reflect the effort made by its counsel. I should add that the only Defendant involved in the supplementary submissions was The Estate of Gerald Gordon Symons; counsel for the Defendants points out that despite the fact that he represents all of them it was only the Estate that sought the clarification.

[4] Costs are always discretionary under section 131 of the Courts of Justice Act. I consider it “fair and reasonable” in fixing costs, having regard to the reasonable expectations of the parties, Boucher v Public Accountants Council (Ontario), 2004 CarswellOnt 2521, at para 26, to award the Plaintiff something less than the $3,000 sought by its counsel and slightly more than the roughly $700 proposed by counsel for the Defendants.

[5] The Estate of Gerald Gordon Symons shall pay supplementary costs to the Plaintiff in the all-inclusive amount of $1,000.

Morgan J. Date: October 14, 2016