Court File and Parties

COURT FILE NO.: CV-17-568804

DATE: 2019-12-17

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: GEORGE ARVANITOPOULOS, DESPINA ARVANITOPOULOS, ELENI ARVANITOPOULOS, MICKAEL ARVANITOPOULOS, Plaintiffs

AND:

THE WAWANESA MUTUAL INSURANCE COMPANY, Defendant

BEFORE: Schabas J.

COUNSEL: Alfred Kwinter and Susan Dhaliwal, Counsel for the Plaintiffs

Daniel Himelfarb, Counsel for the Defendant

HEARD: November 28, 2019

Costs Endorsement

[1] This endorsement addresses costs following my earlier decision on motions brought by the parties relating to the appraisal process: Arvanitopoulos v. The Wawanesa Mutual Insurance Company, 2019 ONSC 6912.

[2] Both parties appear to be claiming success and seek costs. While success was somewhat divided, in that most of the relief was on consent, overall the defendant was the more successful party. The plaintiffs had stubbornly sought to have the defendant agree to compensate the plaintiffs regardless of policy limits, as it appeared to have indicated it would some time ago. However, that outcome was not sought before me.

[3] Accordingly, it is appropriate to award some costs to the defendant. Its partial indemnity amount of $6,547.04 is reasonable, and less than the plaintiffs’ figure.

[4] In the circumstances, I award costs of $6,547.04 to the defendant, in the cause.

Schabas J.

Date: 2019-12-17