COURT FILE NO.: CV-18-25941

DATE: 20190917

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Albert Kadri, Dr. Albert Kadri Medicine Professional Corporation and Care for Kidneys Foundation

Plaintiffs

– and –

Windsor Regional Hospital, Hotel-Dieu Grace Healthcare, David Musyj, Ken Deane, Monica Staley, Jonathan Foster, Dr. Wassim Saad, Dr. Gary Ing, Jessica Bennett, Janice Kaffer, Baggio Marra, Dr. Amit Bagga and Dr. Wayne Callaghan

Defendants

Raymond G. Colautti, for the Plaintiffs

Paula Trattner and Sarah McLeod, for the Defendants

HEARD: Written submissions

RULING ON COSTS

CAREY J.:

[1] In my decision on this motion, I accepted the defendants’ position that the action should be stayed pending the outcome of the Windsor Regional Hospital (WRH) board hearing and any appeals of that decision. The successful defendants now seek costs, including disbursements and HST, totalling $18,358.12.

[2] The plaintiffs, relying on offers to settle of October 22 and October 24, 2018, seek substantial indemnity costs of $17,660.66. In the alternative, they submit they should receive partial indemnity costs or the court should award costs to neither party.

[3] In reply, the defendants argue that because the plaintiffs’ offer to stay the action pending the resolution of the WRH board hearing was dependant on the defendant agreeing to pay the plaintiffs’ substantial indemnity costs, it cannot be argued they have obtained a result as or more favourable than the terms of the offer to settle of October 24, 2018.

[4] I agree with the defendants that the primary focus of this motion by the defendants was to seek a stay of the proceedings until the completion of the WRH board hearing in any appeal. The other arguments raised by the defendants were secondary and peripheral to that main focus.

[5] Given the length of time that the motion required to be heard and the relative simplicity of the issues, I find the defendants’ bill of costs to be excessive. It could have been handled by local counsel as agents for Toronto counsel of record. In the circumstances, I fix costs at $7,500 to the defendants, inclusive of disbursements and HST.

Original signed by Justice Thomas J. Carey

Thomas J. Carey

Justice

Released: September 17, 2019

COURT FILE NO.: CV-18-25941

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Albert Kadri, Dr. Albert Kadri Medicine Professional Corporation and Care For Kidneys Foundation

Plaintiffs

– and –

Windsor Regional Hospital, Hotel-Dieu Grace Healthcare, David Musyj, Ken Deane, Monica Staley, Jonathan Foster, Dr. Wassim Saad, Dr. Gary Ing, Jessica Bennett, Janice Kaffer, Baggio Marra, Dr. Amit Bagga and Dr. Wayne Callaghan

Defendants

RULING ON COSTS

Carey J.

Released: September 17, 2019