Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Anatoli Stepkin, Plaintiff/Applicant
AND:
Erik Izrzilov, Andrea Rachel Djian and State Farm Mutual Automobile Insurance Company, Defendants/Respondents
BEFORE: Stewart J.
COUNSEL: Jason Bogle, for the Plaintiff/Applicant
Kate M. MacLeod, Defendants/Respondents
HEARD: In Writing
ENDORSEMENT
1In my endorsement of August 10, 2016, I invited counsel for the parties to provide written submissions as to costs if that subject could not be agreed upon by them. I now have received and considered those submissions.
2For reasons set out in State Farm’s submissions, it seeks costs with respect to three appearances in court that it says were unnecessary, and asks that those costs be paid personally by counsel for the Plaintiff.
3The moving party seeks costs either on a substantial indemnity basis in the amount of $12,312.50, or on a partial indemnity basis in the amount of $9,237.50.
4The Plaintiff was successful on the motion. However, the delay and unnecessary expense associated with moving the issue forward for determination was largely the responsibility of the Plaintiff. This should be reflected in the costs award.
5Having said that, I am not persuaded that the circumstances warrant a costs award against the Plaintiff or his counsel.
6In view of the factors affecting costs, the materials filed on the motion and the straightforward nature of the issue, I consider a fair and reasonable amount to award the Plaintiff for costs is $1750.00, inclusive of disbursements and applicable taxes. That amount shall be paid to the Plaintiff by State Farm within 30 days of today’s date.
Stewart J.
Date: October 27, 2016