Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Joanne Chevrier, Plaintiff
AND:
Maria Jasna Orsanic, Maurice Papineau and The Dominion of Canada General Insurance Company, Defendants
AND:
Intact Insurance Company, Third Party
BEFORE: The Honourable Madam Justice K.E. Cullin
COUNSEL: Robert Durante, for the Plaintiff Antal Bakaity, for the Defendant, Maria Jasna Orsanic Richard Nolin, for the Defendant, Maurice Papineau James Davidson, for the Defendant, The Dominion of Canada General Insurance Company Gary Marcuccio, for the Third Party, Intact Insurance Company
HEARD: Written Submissions
ENDORSEMENT ON COSTS
Introduction
1This is a decision on costs arising from the defendant Maria Jasna Orsanic’s motion to set aside a noting in default, to allow her to file a statement of defence and crossclaim, and to strike an affidavit which she swore on April 17, 2019. Ms. Orsanic’s motion was denied. The parties were invited to make written submissions regarding costs.
2Costs submissions were filed on behalf of the defendant, The Dominion of Canada General Insurance Company (“Dominion”) and on behalf of the third party, Intact Insurance Company (“Intact”); they were the responding parties to the motion and were successful in defending it.
3No costs submissions were filed on behalf of the defendant, Maria Jasna Orsanic.
4Dominion seeks its partial indemnity costs of $4,210.88, inclusive of HST. Intact seeks its partial indemnity costs of $2,069.60, inclusive of HST.
Analysis and Disposition
5Pursuant to r.57.03, absent exceptional circumstances, the successful party on a motion is entitled to its costs, payable forthwith. In my view there are no exceptional circumstances which would justify a departure from this rule.
6The costs sought by Dominion and Intact are reasonable having regard to their respective roles in the motion. I therefore make the following orders:
The defendant, Maria Jasna Orsanic, shall pay costs to the defendant, The Dominion of Canada General Insurance Company, which costs are fixed in the amount of $4,210.88, inclusive of HST. These costs shall be payable forthwith.
The defendant, Maria Jasna Orsanic, shall pay costs to the third party, Intact Insurance Company, which costs are fixed in the amount of $2,069.60, inclusive of HST. These costs shall be payable forthwith.
K.E. Cullin, J.
Date: January 30, 2023