RIOCAN MANAGEMENT INC. v. DOMINION OF CANADA GENERAL INSURANCE CO., 2013 ONSC 4023
Opinion
CITATION : RIOCAN PROPERTY SERVICES INC. v. DOMINION OF CANADA GENERAL INSURANCE CO., 2013 ONSC 4023 COURT FILE NO.: 13-56679 DATE: 20130610 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ) ) RIOCAN PROPERTY SERVICES INC. and RIOCAN MANAGEMENT INC. Applicants – and – THE DOMINION OF CANADA GENERAL INSURANCE CO. Respondent ) ) ) ) ) ) ) ) )))) Ryan D. Garrett , for the Applicants Dawn Searle, for the Respondent. ) ) ) HEARD: In writing Costs Decision T.D.
RAY, J [ 1 ] I granted the applicant’s application and ordered that the respondent pay 75% of the applicants’ costs of defending an action for personal injury under a CGL policy. ( 2013 ONSC 2474 ). [ 2 ] The applicants claim costs in the amount of $5,970.46 as being 75% of their full indemnity costs.
The respondent says that no costs should be ordered, since it had offered to settle the applicants’ application on the basis of paying 50% of their costs, while the applicants had made no offer at all. [ 3 ] It was the applicants’ position in submissions that the respondents should be ordered to pay 80% of their costs, while the respondent argued that 50% was appropriate. [ 4 ] While the applicants were the successful party, I fail to see the basis for what amounts to substantial indemnity costs to be paid.
Furthermore, I see no reason to deprive the applicants of any costs. [ 5 ] Partial indemnity costs are to be paid by the respondent, to the applicants as the successful party. The usual partial indemnity award is calculated on the basis of 55% of a reasonable full indemnity bill of costs, plus disbursements. Proportionality is a significant factor. Having regard to all of the factors in Rule 58, I assess the applicants’ costs at $4,500.00, to be paid by the respondent. Honourable Justice Timothy Ray Released: June 10, 2013 CITATION: RIOCAN MANAGEMENT INC. v.
DOMINION OF CANADA GENERAL INSURANCE CO., 2013 ONSC 4023 COURT FILE NO.: 13-56679 DATE: 20130610
ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: RIOCAN MANAGEMENT INC. and RIOCAN PROPERTY SERVICES INC. Applicants – and – THE DOMINION OF CANADA GENERAL INSURANCE CO. Respondent COSTS DECISION Honourable Justice Timothy Ray Released: June 10, 2013
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