Court File and Parties
COURT FILE NO.: CV-21-00664276-0000
DATE: 20230124
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: ALEXIS ADRIANNA ALGU, Plaintiff
– and –
SAQIB AYYAZ and JOHN DOE and UBER TECHNOLOGIES INC. and INTACT INSURANCE COMPANY, Defendants
BEFORE: Justice E.M. Morgan
COUNSEL: Jae Cho, for the Plaintiff Antonella Albano, for the Defendant, Saqib Ayyaz Lucas Kittmer, for the Defendant, Uber Technologies Inc. Lida Moazzam, for the Defendant, Intact Insurance Company
HEARD: Costs submissions in writing
COSTS ENDORSEMENT
[1] On December 9, 2022, I issued my reasons for decision in the Defendants’ summary judgment motion. I dismissed the Plaintiff’s claim.
[2] The Defendants deserve their costs of the action. All three Defendants have submitted Bills of Costs or Costs Outlines. Saqib Ayyaz (“Ayyaz”), the lead Defendant, seeks $25,921.27, Intact Insurance Company (“Intact”) seeks $4,002.20, and Uber Technologies Inc. (“Uber”) seeks $4,319.40. All of these requests are inclusive of fees, disbursements, and HST.
[3] The costs sought by Ayyaz and Intact are, appropriately, calculated on a partial indemnity basis. The costs sought by Uber are, inexplicably, calculated on a full indemnity basis.
[4] Plaintiff’s counsel in written submissions has agreed that the Ayyaz and Intact requests are reasonable. As for Uber, Plaintiff’s counsel has referenced the Costs Outline and calculated Uber’s partial indemnity costs and indicated that, in the Plaintiff’s view, those are reasonable under the circumstances. Uber’s partial indemnity costs come to $3,173.58.
[5] Although Uber’s costs request is small because its participation in the summary judgment action was minimal, there is no discernable reason here for an award of full indemnity costs. I was not impressed with the merits of the Plaintiff’s claim; but the Plaintiff and her counsel did nothing improper. They presented their case as is any litigant’s right.
[6] The Plaintiff shall pay all-inclusive costs in the following amounts: $25,921.27 to Ayyaz, $4,002.20 to Intact, and $3,173.58 to Uber.
Date: January 24, 2023 Morgan J.