Court File and Parties

Court File No.: CV-13-0161-00 Date: February 26, 2024 Superior Court of Justice - Ontario

Re: Grace Joubarne, Plaintiff And: The Corporation of the City of Belleville et al, Defendants

Before: The Honourable Justice C.T. Hackland

Counsel: Arkadi Bouchelev, for the Plaintiff Catherine Temple, for the Defendants

Heard: In writing

Interim Costs Endorsement

[1] The trial in this case was bifurcated on application of the defendants, which was granted by Kershman J. by order dated January 31, 2020. In reasons reported at 2023 ONSC 5308 this court dismissed the plaintiff’s claims for declaratory relief following the completion of the first stage of the trial. This disposition leaves in abeyance a trial of the tortious claims asserted by the plaintiff against certain named municipal officials. This, being the second stage of the trial, has not yet been scheduled.

[2] Written costs submissions have been submitted by both parties. The plaintiff takes the position that a costs award at this stage is premature and submits that in cases of bifurcated trials, costs are usually awarded at the end of the second stage, relying on such cases as Vista Sudbury Hotel Inc. v. The Oshawa Group Limited, 2018 ONCA 1075, Truong v. Truong 2012 ONSC 5190 and Pegah Construction Ltd. V. Panterra Mansions Joint Venture Corp. et al 2013 ONSC 6719.

[3] I am persuaded the plaintiff’s position is correct and the awarding of costs should await the conclusion of the second stage of the proceeding. Only then can a full appreciation be had of overall success in the matter and of all the relevant Rule 57 considerations. Any relevant Rule 49 offers, or other offers of settlement, if any, can be properly evaluated at that point.

[4] Accordingly, the court orders that the determination of costs will be deferred to the completion of the proceedings. The parties may resubmit their current claims to the extent they deem appropriate, together with any additional submissions, following the completion of the second stage of this bifurcated proceeding.

[5] The parties are requested to arrange a case conference before me to schedule the balance of the trial. On the other hand, if a judicial pre-trial is felt to be productive at this point, counsel can advise trial co-ordination, and this can be scheduled before a judge other than myself.

Justice Charles T. Hackland Released: February 26, 2024