Court File and Parties

COURT FILE NO.: C-36-17

DATE: 2020/11/13

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Pamala Diebold and Cameron William, Plaintiffs

AND:

Economical Mutual Insurance Company, Defendant

BEFORE: Mr. Justice G. E. Taylor

COUNSEL: Gordon Harris, Counsel for the Plaintiffs Philip Garbutt, Counsel for the Defendant

HEARD: In writing

Costs ENDORSEMENT

[1] This motion was about the production of documents in a motor vehicle accident case. The documents were separated into three categories. One of the categories I ordered to be produced by the plaintiff. One of the categories I ordered did not have to be produced by the plaintiff. I ordered partial production of the documents in the third category. In my Endorsement, I suggested that my preliminary view was that there be no costs because of divided success. But I also recognized that there were possibly Offers to Settle which might have an impact on costs, in which case the parties could make written submissions.

[2] Although there were no Offers, counsel for the defendant made written submissions, not only seeking costs, but costs on a substantial indemnity basis. Counsel for the plaintiff accepted my suggestion and submitted that there should be no costs awarded on the motion.

[3] The position of the defendant is not reasonable. It was not more successful on the motion to any significant degree than the plaintiff was. Furthermore, there is no justification for an award of costs on an enhanced scale. There is no conduct on the part of the plaintiff which would justify such an award of costs.

[4] There will be no costs for the motion.

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G.E. Taylor, J.

Date: November 13, 2020