Cardenas v. City of Toronto, 2016 ONSC 6955

CITATION: Cardenas v. City of Toronto, 2016 ONSC 6955

COURT FILE NO.: CV-12-445878A

DATE: 2016-11-09

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: DAVID CARDENAS, a minor under the age of eighteen years represented by his Litigation Guardian, CARMEN VICTORIA CARDENAS, EVELYNE CARDENAS and CARMEN VICTORIA CARDENAS, personally, Plaintiffs

AND:

EUGENIO SALLESE, Defendant

AND:

CITY OF TORONTO, RODRIGO CARDENAS, THE ESTATE OF FRANCESCO CAVALLO, and ROSA CAVALLO, Third Parties

BEFORE: R. F. Goldstein J.

HEARD: In Writing

APPEARANCE: J.D. Rioux, for Eugenio Sallese, Defendant/Moving Party

David Bierstone, for Rosa Cavallo and Estate of Francesco Cavallo, Third Parties/Respondent

SUPPLEMENTARY COSTS ENDORSEMENT

[1] This supplementary costs endorsement is written to clarify my original costs endorsement: Cardenas v. Sallese, 2016 ONSC 5580.

[2] The Defendant issued a third-party claim against Rosa Cavallo and the Estate of Francesco Cavallo (the Third Parties) but was unable to serve it on them. In 2014 Justice B. O’Marra gave the Defendant a six-month extension to serve the statement of claim on the Third Parties. Justice O’Marra did not order costs.

[3] The Defendant made attempts to serve the third party claim on Ms. Cavallo (who apparently lives in Italy) and moved for validation of service. The motion to validate was originally brought before Justice O’Marra in 2015. It was adjourned several times and eventually heard by me in June 2016. I dismissed the motion on June 23, 2016: Cardenas v. Sallese, 2016 ONSC 4178.

[4] On September 6, 2016 I granted costs in the amount of $7,500.00 to the Third Parties. Paragraph 4 of my Costs Endorsement may have given the incorrect impression that counsel for the Third Parties was seeking costs of the motion before me as well as costs of the 2014 motion before Justice O’Marra. The record should be clarified to note that counsel for the Third Parties only sought costs for the motion before me, and never sought costs for the 2014 motion before Justice O’Marra. I am still of the view that the amount awarded was fair and reasonable in the circumstances. In any event, counsel for the Third Party does not seek to amend the costs award. The costs award stands.

[5] I am grateful to both counsel for bringing this matter to my attention and for the professional manner in which they dealt with it.

R. F. Goldstein J.

Date: November 9, 2016