Costs – Rogers Partners LLP

The Toll of the Tough Road

rpllpadmin — Wed, 14 Jan 2026 18:51:31 +0000

By Shannon Mascarenhas It is well known that in Ontario, the Superior Court of Justice holds broad discretion when awarding costs.[1] In exercising this discretion, the court may consider, in addition to the result of the hearing, a range of factors including offers to settle, the principles of indemnity, the amount an unsuccessful party could […]

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Splitting the Bill: Apportioning Plaintiffs’ Costs Between Insurers

rpllpadmin — Wed, 10 Dec 2025 22:59:05 +0000

By Sarah Sevier In the recent decision Stenton v. Estate of El Rifai, 2025 ONSC 6806, the Ontario Superior Court of Justice addressed the apportionment of plaintiffs’ costs between responding insurers following the settlement of a complex motor vehicle case, emphasizing that insurers’ conduct throughout the litigation can, and should, influence the allocation of costs. […]

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Inappropriate Behaviour by Litigants Can Have Adverse Cost Consequences

rpllpadmin — Wed, 23 Apr 2025 21:56:31 +0000

By Shane Marston In Affleck v. Sunrise Senior Living, Inc., 2025 ONCA 267, the Court of Appeal dismissed the self-represented plaintiff’s appeal from the trial Judge’s merits and costs decision. At trial, with reasons reported in Affleck v. Sunrise Senior Living, Inc., 2023 ONSC 1405, Justice J.T. Akbarali dismissed the plaintiff’s claims in defamation and […]

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Denial of Fraudulent Insurance Claim Upheld on Appeal

rpllpadmin — Wed, 12 Jun 2024 22:46:33 +0000

By Jennifer Singh The Appeal in Legault v. TD General Insurance Company, 2024 ONCA 439, arose from a trial decision dismissing an action brought by Shelley Legault against TD Insurance Company (“TD”) relating to TD’s denial of Ms. Legault’s claim under her homeowner’s insurance policy following a fire at her home. The appeal was dismissed […]

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Keeping a Party in an Action Can (and Sometimes Should) Lead to Paying Costs

rpllpadmin — Wed, 05 Jun 2024 20:58:04 +0000

By Jordan Petruska In Zaza v. Toronto, 2024 ONSC 2931, the defendant, Beasley Enterprises Limited was ordered to pay costs to the co-defendant, The City of Toronto for keeping them in the action and failing to conform to the defence and indemnity provisions of their licence agreement. Background This action arose from a plaintiff injuring […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 14 Jul 2023 22:43:00 +0000

At our weekly meeting, Emmanuel Couture-Tremblay discussed the recent decision of the Ontario Superior Court of Justice in Co-operators General Insurance v. Doobay, 2023 ONSC 4075. Overview This costs hearing followed an action that involved two claims, one where the insurer claimed the return of benefits paid, plus damages, and one where the insured claimed […]

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Alleged Impecuniosity Insufficient to Bar Costs Award

rpllpadmin — Wed, 14 Dec 2022 23:30:23 +0000

By Meryl Rodrigues In a recent Costs Endorsement decision in Kesete v. Gaspar[i], the Ontario Superior Court addressed an argument that a plaintiff’s alleged impecuniosity should bar any – or anything more than nominal – costs being awarded to a successful defendant. The decision followed a 14-day jury trial, in which judgment was granted in […]

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No Damages, Nominal Damages, and Costs

rpllpadmin — Wed, 08 Jun 2022 20:26:10 +0000

By Erin Crochetière The Ontario Court of Appeal heard the appeal in Pullano v. Hinder, 2022 ONCA 418 regarding an action for battery, and counter-claim in defamation. The plaintiff, Mr. Pullano, was punched in the chest by the defendant, Mr. Hinder. Mr. Hinder’ s employer was also named in the action, and was alleged to […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 20 Aug 2021 11:30:04 +0000

At our weekly meeting, Annie Levanaj discussed the recent decision of the Ontario Superior Court of Justice in Skoblenick v Aviva General Insurance Company, 2021 ONSC 5340. This decision concerned motions brought by both parties for directions and costs regarding repeatedly adjourned examinations for discovery. History of the Litigation This action arose from a fire […]

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Fridays With Rogers Partners

rpllpadmin — Fri, 16 Jul 2021 09:29:40 +0000

At our weekly meeting, Chris MacDonald discussed a costs decision by the Superior Court in Gallo v 1884735 Ontario Inc., 2021 ONSC 4895. Facts The plaintiffs sought two million dollars in damages for demolition and construction costs of a partially constructed home that was left unprotected and damaged by weather. The plaintiffs were successful at trial […]

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