Court File and Parties

CITATION: Stepkin v. Izrzilov, 2016 ONSC 6670

COURT FILE NO.: CV-15-538127

DATE: 20161027

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

[1] In 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.

[2] For 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.

[3] The 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.

[4] The 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.

[5] Having said that, I am not persuaded that the circumstances warrant a costs award against the Plaintiff or his counsel.

[6] In 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