Burns v. RBC Life Insurance Company
Because success on the appeal was divided — the strike-out order was not set aside but was varied to grant leave to amend — the court exercised its discretion to order no costs of the appeal and to reduce the motion judge's costs award from $6,000 to $3,000 payable only to RBC Life Insurance Company to reflect its...
Source-derived case information.
- Citation
- 2020 ONCA 377
- Parties
- Appellant: Randolph Burns; Respondent: RBC Life Insurance Company; Respondent: Lauren McLean; Respondent: Anna Oslizlok
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 June 2020
- Procedural Posture
- Civil / Appeal (costs Endorsement)
- Outcome
- Appeal allowed in part; no costs of the appeal; costs below reduced from $6,000 to $3,000 payable only to RBC Life Insurance Company; appellant granted leave to amend Statement of Claim as against the individual respondents.
- Legal Topics
- Costs of Appeal, Leave to Amend, Striking Out, Discovery, Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Randolph Burns
Appellant
RBC Life Insurance Company
Respondent
Lauren McLean
Respondent
Anna Oslizlok
Respondent
Procedural Posture
Civil / Appeal (costs Endorsement)
Legal Issues
- 1 Whether costs of the appeal should be awarded and in what amount
- 2 Whether the motion judge's order striking the Statement of Claim as against the individual respondents should be set aside or varied to grant leave to amend
- 3 Whether the costs awarded by the motion judge should be varied given discovery-related issues
Ratio Decidendi
Because success on the appeal was divided — the strike-out order was not set aside but was varied to grant leave to amend — the court exercised its discretion to order no costs of the appeal and to reduce the motion judge's costs award from $6,000 to $3,000 payable only to RBC Life Insurance Company to reflect its limited success on discovery issues.
Court Disposition
Appeal allowed in part; no costs of the appeal; costs below reduced from $6,000 to $3,000 payable only to RBC Life Insurance Company; appellant granted leave to amend Statement of Claim as against the individual respondents.
Orders
- No costs of the appeal.
- Appellant granted leave to amend the Statement of Claim as against the individual respondents, Lauren McLean and Anna Oslizlok.
Full Case Text
Judgment text and source record
1 paragraphs
Burns v. RBC Life Insurance Company Collection Decisions of the Court of Appeal Date 2020-06-10 Neutral citation 2020 ONCA 377 Docket numbers C67837 Judges Gillese, Eileen E.; Brown, David M.; Jamal, Mahmud Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Burns v. RBC Life Insurance Company, 2020 ONCA 377 DATE: 20200610 DOCKET: C67837 Gillese, Brown and Jamal JJ.A. BETWEEN Randolph Burns Plaintiff (Appellant) and RBC Life Insurance Company, Lauren McLean and Anna Oslizlok Defendants (Respondents) Deanna S. Gilbert, for the appellant Barry G. Marta, for the respondents Heard: In-writing On appeal from the order of Justice Paul Perell of the Superior Court of Justice, dated December 3, 2019, with reasons reported at 2019 ONSC 6977. COSTS ENDORSEMENT [1] By reasons for decision dated June 4, 2020, we allowed the appeal to the extent of granting the appellant leave to amend his Statement of Claim as against the individual respondents, Ms. McLean and Ms. Oslizlok. As the parties were unable to resolve the issue of costs, we heard brief cost submissions by teleconference on June 8, 2020. [2] The appellant seeks partial indemnity costs in the amount of $12,500. The respondents submit that they should be awarded partial indemnity costs in the amount of approximately $7,170 and no change should be made to the costs awarded by the motion judge. [3] In our view, success on the appeal was divided: the order of the motion judge striking out the Statement of Claim as against the individual respondents was not set aside but the order was varied to grant the appellant leave to amend his claim. Accordingly, we order no costs of the appeal. [4] The appellant sought to appeal the costs awarded by the motion judge. We reduce the costs awarded below from $6,000 to $3,000 payable only to RBC Life Insurance Company to reflect its success on the discovery-related part of the motion. “E.E. Gillese J.A.” “David Brown J.A.” “M. Jamal J.A.”