Court File and Parties

Court File No.: CV-21-949
Date: 2025/03/28
Court: Superior Court of Justice - Ontario
Style of Cause: Harris v. Grand River Hospital
Before: Catrina Braid
Counsel:

• Robert Konduras, Counsel for the Plaintiff
• Brandyn Di Domenico, Counsel for the Defendant Grand River Hospital
  Heard: By Written Submissions

Costs Endorsement

I. Overview

[1] The plaintiffs moved for an order abridging the time for the service of an expert report regarding the standard of care by a hospital. In an endorsement reported at Harris v. Grand River Hospital, 2025 ONSC 282, the motion was dismissed. I must now determine costs of the motion.

II. Analysis

[2] Grand River Hospital seeks partial indemnity costs of $12,500. The plaintiff’s counsel submits that the costs claimed are excessive for a short motion, and states that their own fees on the motion were $4,084.95 on a partial indemnity basis.

[3] Grand River Hospital was entirely successful on the motion and is entitled to costs. In determining quantum, the court is to consider the factors set out in Rule 57.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, as well as s. 131 of the Courts of Justice Act, R.S.O. 1990, c. C.43. Those factors include the principle of indemnity, the reasonable expectations of the parties, the complexity of the proceeding, the importance of the proceeding, and the conduct of the parties in litigation. I have considered these factors.

[4] I have also considered the principles in Boucher v. Public Accountants Council for the Province of Ontario, para 24. The fixing of costs should reflect what the court views as a fair and reasonable amount to be paid, rather than any exact measure of the actual costs to the successful litigant.

[5] The parties filed motion records, affidavits, factums, and books of authorities. Although this motion was on a regular motions list, the issues were somewhat complex and required detailed factums and books of authorities. The motion was of high importance to the parties. The two most important factors are the principle of indemnity and the amount of costs that the unsuccessful party could reasonably have expected to pay in the event they were unsuccessful.

[6] I find that a fair and reasonable award of costs for this motion is $7,500.

III. Conclusion

[7] For all of these reasons, this court orders that plaintiffs shall pay costs to the defendant, Grand River Hospital, in the amount of $7,500, inclusive of HST and disbursements. These costs shall be paid by April 30, 2025.

Catrina Braid

Date: March 28, 2025