Court File and Parties

Court File No.: CV-18-74 Date: 2021-10-04 Superior Court of Justice - Ontario

Re: Nicholas Skoblenick and Luba Skoblenick, Plaintiffs And: Aviva General Insurance Company, Defendant

Before: Justice D.A. Broad

Counsel: Cornelius A. Brennan, for the Plaintiffs Clarence Lui and Brandon Cook, for the Defendant

Costs Endorsement

[1] At the conclusion of my Endorsement released August 3, 2021 I commented that in light of the split decision on the motions, without having had the benefit of submissions, it appeared to be appropriate that each party bear their own costs, leaving it to any party who seeks costs to deliver written submissions in that respect.

[2] The defendant has delivered written submissions seeking costs against the plaintiffs in the amount of $1500, taking into account the costs that it was required to incur to respond to the relief the plaintiffs abandoned during submissions.

[3] The plaintiffs submit that the proceedings did result in a split decision and that there should be no orders for costs. The plaintiffs state that they are in no position to pay costs with the plaintiff Luba Skoblenick being the sole support of herself and her disabled husband and that being ordered to pay costs would be a further barrier to them continuing with the proceedings.

[4] I accept that the defendant did incur costs in responding to the claims of the plaintiffs in their motion for an order that the defendant has completed his right to examination of the plaintiffs and to strike the Statement of Defence, both of which were abandoned during submissions. The plaintiffs should be responsible for some costs in respect of the abandoned claims for relief.

[5] It is accepted that a party’s inability to pay costs does not absolve them of the obligation to pay costs but may be taken into account by the court in determining the quantum.

[6] In all of the circumstances, it is appropriate to order that the plaintiffs pay costs to the defendant in the sum of $500, but to defer payment until the conclusion of the proceeding so that the obligation to pay costs will not constitute a barrier to their proceeding with the action.

[7] Is therefore ordered that the plaintiffs pay costs to the defendant fixed in the sum of $500. This amount shall be paid upon final disposition of the action by settlement or final Judgment.

D.A. Broad, J.

Date: October 4, 2021