COURT FILE NO.: CV-13-0024-00
DATE: 2022-05-18
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Rudolph Steinberg, Jakob Steinberg and Amanda Steinberg minors by their Litigation Guardian, Rudolph Steinberg v. Pamela Adderley
HEARD: In writing
BEFORE: Fitzpatrick J.
COUNSEL: M. Stoiko, for the Moving party Plaintiff, Rudolph Steinberg
A. Demeo, for the Responding party Defendant
ENDORSEMENT ON COSTS
[1] In the decision Steinberg v. Adderley 2022 ONSC 2596, at paragraph 30, I awarded costs to the defendant for a motion heard on April 26, 2022. The parties were not able to agree on the quantum of costs. Their respective submissions in writing have been received and reviewed.
[2] The plaintiff argues for a quantum award in the range of $1,500.00 to $2,000.00. The plaintiff acknowledges this amount would be considered nominal. The plaintiff submits the motion was necessary to advance pressing and legitimate concerns about the plaintiff’s health. The plaintiff did not submit a costs outline at any point in respect of the motion at issue.
[3] The defendant requests costs fixed in the amount of $7,500.00 plus HST. This amount is consistent with the amount ordered on a previous motion by Shaw J. in November 2021 between these parties. That motion had a similar degree of complexity to the matter at hand. I also commented at paragraph 30 of the above noted decision, I was of the view this represented a realistic quantum for costs of the motion I had just heard.
[4] I was not persuaded by the submissions of the plaintiff that a nominal award of costs was appropriate for this motion. The plaintiff’s motion was dismissed. The plaintiff did not consent to a reasonable request to amend the existing order of Shaw J. to change the names and places of the doctors who were to perform defence medicals on the plaintiff. The present motion took a half day to argue. There was a moderate amount of materials filed on the motion. A proportionate, fair and just amount of costs for this motion is the amount of $7,500.00 plus HST as proposed by the defendant. Accordingly, the plaintiff Rudolph Steinberg is ordered to forthwith pay the defendant Pamela Adderley costs of this motion fixed in the amount of $7,500.00 plus HST.
“original signed by” The Hon. Mr. Justice F.B. Fitzpatrick
DATE: May 18, 2022
COURT FILE NO.: CV-13-0024-00
DATE: 2022-05-18
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Rudolph Steinberg, Jakob Steinberg and Amanda Steinberg minors by their Litigation Guardian, Rudolph Steinberg v. Pamela Adderley
HEARD: In writing
BEFORE: Fitzpatrick J.
COUNSEL: M. Stoiko, for the Moving party Plaintiff, Rudolph Steinberg
A. Demeo, for the Responding party Defendant
ENDORSEMENT ON COSTS
Fitzpatrick J.
DATE: May 18, 2022
/lvp