Ontario Civil

Civil Practice and Procedure


Costs of particular proceedings

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

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.).

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