Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: TARA JESSICA PRICE FAWCETT, Plaintiff/Responding Party
AND
SUN LIFE ASSURANCE COMPANY OF CANADA and THE CHILDREN’S HOSPITAL OF EASTERN ONTARIO, Defendants/Moving Parties
BEFORE: Justice Gary Tranmer
COUNSEL: J. Griffiths and E. Hallewick, for the Plaintiff/Responding party E. Scali and C. March, for the Defendant/Moving party, Sun Life S. Campbell, for the Defendant/Moving party, CHEO
HEARD: in writing
COSTS ENDORSEMENT
CHEO - Plaintiff
1The parties have identified the principles and Rule 57 factors applicable to this costs decision.
2I find that considering those principles and factors, the hours claimed by CHEO on a partial indemnity basis are excessive.
3A fair and reasonable, proportionate, and consistent with the expectations of the parties costs award is in favour of CHEO for the action and motion in the sum of $20,000 plus H.S.T. together with its disbursements as claimed in the amount of $1766.41.
4I decline to impose a timeline for payment of costs.
Plaintiff – Sun Life
5This was a case of divided success; Sun Life failed on its summary judgment motion and the plaintiff failed on its boomerang summary judgment motion against Sun Life.
6There shall be no order for costs on these motions.
Tranmer J.
Date: May 28, 2026