Court File and Parties
COURT FILE NO.: CV-19-00631903-00CP DATE: 20210721
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
G.C., J.C., and A.C. Plaintiffs
- and -
MARTIN JUGENBURG and DR. MARTIN JUGENBURG MEDICINE PROFESSIONAL CORPORATION Defendants
Counsel: Margaret Waddell, Tina Q. Yang, Kate Mazzucco, Josh Nisker, Paul Miller, and Valérie Lord for the Plaintiffs. Nina Bombier, Paul-Erik Veel and Brianne Westland for the Defendants.
Proceeding under the Class Proceedings Act, 1992
HEARD: In writing
REASONS FOR DECISION - COSTS
PERELL, J.
[1] In this proceeding under the Class Proceedings Act, 1992,[^1] the Plaintiffs were successful in obtaining certification of their action.[^2] The parties agreed that if costs are payable to the Plaintiffs, the amount that is fair and reasonable is $150,000, all inclusive.
[2] The Parties also agreed to $5,000, all inclusive, as the amount of the costs with respect to a motion to strike the supplementary Paul Miller affidavit. I ordered the costs of this motion payable “in the cause of the certification motion,” and given that the Plaintiffs succeeded on the certification motion, the Plaintiffs are content that this amount be included within the $150,000 sought for the certification motion.
[3] It was anticipated that the Defendants might argue for a reduction of the $150,000 given their argument at the certification motion that there was in effect two certification motions and therefore ultimate success was divided. However, the Defendants did not deliver any costs submissions, and therefore, the Plaintiffs’ request for costs of $150,000 is unopposed.
[4] I agree that costs of $150,000 are fair, reasonable, and appropriate in the circumstances of the immediate case. I, therefore, award the Plaintiffs costs of the certification motion fixed in the amount of $150,000, all inclusive, payable within sixty days.
[5] Order accordingly.
Perell, J.
Released: July 21, 2021.
COURT FILE NO.: CV-19-00631903-00CP DATE: 20210721
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
G.C., J.C., and A.C. Plaintiffs
- and -
MARTIN JUGENBURG and DR. MARTIN JUGENBURG MEDICINE PROFESSIONAL CORPORATION Defendants
REASONS FOR DECISION - COSTS
PERELL J.
Released: July 21, 2021
[^1]: S.O. 1990, c. 6. [^2]: G.C. v. Jugenburg, 2021 ONSC 3119.