Fraser v. Young, 2013 ONSC 2214

CITATION : Fraser v. Young, 2013 ONSC 2214 COURT FILE NO.: 08-662 DATE: 2013-04-12 SUPERIOR COURT OF JUSTICE - ONTARIO RE: Mariah Fraser by her Litigation Guardian Andrea Bechamp et al, Plaintiffs AND: Sean Marc Young et al, Defendants BEFORE: Honourable Justice Timothy Ray COUNSEL: David Adams, Counsel for the plaintiffs No one appearing for the defendants. HEARD: In writing COSTS ENDORSEMENT [ 1 ] I heard this matter as an uncontested trial in Pembroke on March 28, 2013, and with oral reasons assessed the plaintiffs’ damages for personal injury at $820,000 plus PJI and costs.

The defendants had failed to defend and were noted in default. [ 2 ] I have since received the plaintiffs’ costs submissions, and fix the costs at $37,202.61 inclusive of HST. [ 3 ] The circumstances of the injury to the infant plaintiff are shocking. They have had to pursue various legitimate avenues for redress which they had to abandon. These were reasonable steps having to be taken by reason of the actions and conduct of the defendants. I consider the costs as allowed to be more than reasonable in all of the circumstances. Honourable Mr. Justice Timothy Ray Date: April 12, 2013 CITATION: Fraser v.

Young, 2013 ONSC 2214 COURT FILE NO.: 08-662 DATE: 2013-04-12

SUPERIOR COURT OF JUSTICE - ONTARIO RE: Mariah Fraser by her Litigation Guardian Andrea Bechamp et al, Plaintiffs AND: Sean Marc Young et al, Defendant BEFORE: Honourable Justice Timothy Ray COUNSEL: David Adams, Counsel for the Plaintiffs No one appearing for the Defendants. COSTS ENDORSEMENT Honourable Justice Timothy Ray DATE: April 12, 2013