Court File and Parties
COURT FILE NO.: 14-61006 DATE: 2017/05/19 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: SHERIDAN MARGARET DIAZ – Plaintiff v. GLADYS TOSSA, JANE DOAK, LAKESHORE GENERAL HOSPITAL, MARY JANE RANDLETT, DENISE PAQUETTE, NICOLE ROBERT, and CAREFOR HEALTH AND COMMUNITY SERVICES, HER MAJESTY THE QUEEN IN THE RIGHT OF ONTARIO and DETECTIVE TRACY MARTEL - Defendants
BEFORE: R. Smith J.
COUNSEL: Bruce F. Simpson, for the Plaintiff Jacquie Dagher, for the Defendants, Gladys Tossa, Jane Doak, Denise Paquette, Lakeshore General Hospital and Carefor Health and Community Services Heather Mackay, for the Defendants, Her Majesty the Queen in the Right of Ontario, and Detective Tracy Martel
HEARD: By Written Submissions
Reasons on Costs
1The Hospital defendants seek costs of $14,720.00 inclusive of HST and disbursements on a substantial indemnity basis or alternatively $9,904.02 on a partial indemnity basis.
2The plaintiff submits that the costs should be on a partial indemnity basis as their offer to dismiss the action against them without costs should not trigger an award of substantial indemnity costs.
3Counsel for the Hospital defendants has confirmed that all of the costs claimed were only for this motion. The plaintiff accepts this fact as accurate.
Disposition
4Considering the factors as set out in Rule 57 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 the plaintiff is ordered to pay costs on a partial indemnity basis of $9,000 inclusive of HST and disbursements.
The Honourable Mr. Justice Robert J. Smith
Date: May 19, 2017