CITATION: Nasr Hospitality Services Inc. v. Intact Insurance, 2017 ONSC 4937
COURT FILE NO.: CV-15-526592
DATE: 20170817
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
NASR HOSPITALITY SERVICES INC.
Plaintiff
– and –
INTACT INSURANCE
Defendant
Doug LaFramboise for the Plaintiff
Sean McGarry for the Defendant
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] There was a flood in the premises of Nasr Hospitality Services Inc., whose principal is Elsayed Nasr. He reported the loss to his insurer, Intact Insurance. Between February and May 2013, Intact Insurance made payments pursuant to the insurance policy, but on July 22, 2013, it denied the property loss claim. On April 22, 2015, 21 months later, Nasr Hospitality sued to enforce the insurance contract. Intact Insurance defended and moved for summary judgment on the grounds that Nasr Hospitality’s claim was statute-barred. I dismissed the motion and declared the claim not statute-barred. The action now shall proceed to trial in the normal course. See Nasr Hospitality Services Inc. v. Intact Insurance, 2017 ONSC 4136.
[2] Without providing any supporting costs submissions, Nasr Hospitality submitted a bill of costs claiming $10,589.19 on a partial indemnity basis and $15,038.57 on a substantial indemnity basis.
[3] Intact Insurance submitted a written costs outline and a bill of costs for comparison purposes. Intact Insurance’s own bill claimed partial indemnity costs of $9,549.01 and substantial indemnity costs of $10,983.65.
[4] Intact Insurance submits that the appropriate award is $4,000 all inclusive.
[5] I agree with Intact Insurance’s submissions that this is not a case for substantial indemnity costs. I do not agree, however, that the appropriate award is $4,000.
[6] In my opinion, based on reviewing the rival bills of costs and from having presided at the hearing of the motion, the reasonable expectations of both parties is that this interlocutory motion would involve a legal expenditure of between $6,500 to $10,000. In all the circumstances of the immediate case, I conclude that the appropriate award is $7,250, all inclusive, and payable forthwith.
[7] Order accordingly.
Perell, J.
Released: August 17, 2017
CITATION: Nasr Hospitality Services Inc. v. Intact Insurance, 2017 ONSC 4937
COURT FILE NO.: CV-15-526592
DATE: 20170817
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
NASR HOSPITALITY SERVICES INC.
Plaintiff
– and –
INTACT INSURANCE
Defendant
REASONS FOR DECISION - COSTS
PERELL J.
Released: August 17, 2017