Time and preparation by counsel justified given importance of case to parties and its factual and legal complexity

Ontario civil | Civil Practice and Procedure | Costs | Costs of particular proceedings

Plaintiff commenced tort action for damages for injuries suffered in motor vehicle accident and action against insurer for statutory accident benefits which were both settled before trial. Plaintiff subsequently commenced action against defendants for inducing breach of contract by unlawful means, deceit and negligence. Defendant S Inc. provided and arranged independent medical assessments through network of independent health professionals. Plaintiff alleged that certain documentation produced by S Inc., in part voluntarily and in part pursuant to court order, contained evidence that S Inc. interfered in expert opinions contained in accident benefits file, which in turn were relied on by tort insurer in tort action. S Inc. brought successful motion to stay action for breach of deemed undertaking rule and plaintiff brought unsuccessful cross-motion for leave to use documentation. Parties made submissions on costs. Plaintiff was ordered to pay partial indemnity costs to S Inc. in amount of $46,525 plus HST for total of $52,573. S Inc. was successful on motions and was entitled to party and party costs on partial indemnity basis. Case was important to parties, was factually and legally complex, and time and preparation put into matter by S Inc.’s counsel was justified.

Burwash v. Dr. Sheldon Levy (2018), 2018 CarswellOnt 15690, 2018 ONSC 5655, Charles T. Hackland J. (Ont. S.C.J.); additional reasons (2018), 2018 CarswellOnt 4777, 2018 ONSC 682, Charles T. Hackland J. (Ont. S.C.J.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Alex Neve, secretary general of Amnesty International Canada, bows out after two decades

LSO event explores nuances of supporting human rights abroad

Report on mobile legal aid pilot program: ‘Embeddedness’ in community is key

U of T law professors auction bike tour, tarot card reading to raise funds for Indigenous initiative

Randy Williamson of Aird & Berlis named Partner of the Year by YorkU’s innovation unit

Canadian Law Awards to celebrate nation’s best law firms

Most Read Articles

Doug Ford tells judges they need to ‘toughen up’ on guns, gangs and bail

Outsized award against insurer should incentivize fairness in LAT, says lawyer

LSO diversity debate reignited after alleged conflict between equity advisor, bencher

13 in every 100,000 travellers passing the border had digital devices examined, CBSA says