Suwary v. Women's College Hospital
The court fixed partial indemnity costs against Dr. Librach at $100,000 inclusive of applicable taxes plus disbursements, after considering the length of the trial, the issues on appeal and Dr. Librach's position on costs.
Source-derived case information.
- Citation
- 2011 ONCA 818
- Parties
- Appellant: Robert Gregory Suwary; Appellant: Kylie Suwary (minor by Litigation Guardian Kimberly Long-Suwary); Appellant: Kimberly Long-Suwary; Appellant: Robert Edward Suwary; Appellant: Katie Buchanan; Respondent: Women's College Hospital; Respondent: Clifford Librach; Respondent: Sarah Ferguson; Respondent: Sharon Unger; Respondent: Laura Lee
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 December 2011
- Procedural Posture
- Civil Appeal / Costs Endorsement (appeal)
- Outcome
- Partial indemnity costs awarded to appellants against Dr. Librach in the amount of $100,000 inclusive of applicable taxes plus disbursements.
- Legal Topics
- Costs Assessment, Partial Indemnity Costs, Appeal, Disbursements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Gregory Suwary
Appellant
Kylie Suwary (minor by Litigation Guardian Kimberly Long-Suwary)
Appellant
Kimberly Long-Suwary
Appellant
Robert Edward Suwary
Appellant
Katie Buchanan
Appellant
Women's College Hospital
Respondent
Clifford Librach
Respondent
Sarah Ferguson
Respondent
Sharon Unger
Respondent
Laura Lee
Respondent
Procedural Posture
Civil Appeal / Costs Endorsement (appeal)
Legal Issues
- 1 What is the appropriate amount of partial indemnity costs on appeal?
- 2 Whether costs should be fixed having regard to the length of the trial, issues on appeal and the respondent's position on costs.
Ratio Decidendi
The court fixed partial indemnity costs against Dr. Librach at $100,000 inclusive of applicable taxes plus disbursements, after considering the length of the trial, the issues on appeal and Dr. Librach's position on costs.
Court Disposition
Partial indemnity costs awarded to appellants against Dr. Librach in the amount of $100,000 inclusive of applicable taxes plus disbursements.
Orders
- Partial indemnity costs against Dr. Librach fixed at $100,000 inclusive of applicable taxes plus disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Suwary v. Women's College Hospital Collection Decisions of the Court of Appeal Date 2011-12-22 Neutral citation 2011 ONCA 818 Docket numbers C50772 Judges Simmons, Janet M.; Armstrong, Robert Patrick; LaForme, Harry Smith Subject Civil Decision Content CITATION: Suwary v. Women's College Hospital, 2011 ONCA 818 DATE: 20111222 DOCKET: C50772 COURT OF APPEAL FOR ONTARIO Simmons, Armstrong and LaForme JJ.A. BETWEEN Robert Gregory Suwary and Kylie Suwary, minors by their Litigation Guardian, Kimberly Long-Suwary, Robert Edward Suwary, Katie Buchanan and the said Kimberly Long-Suwary, personally Plaintiffs (Appellants) and Women's College Hospital, Clifford Librach, Sarah Ferguson, Sharon Unger and Laura Lee Defendants (Respondents) Paul J. Pape and Shantona Chaudhury for the appellants Frank McLaughlin, Ken Morris and Sharon Wilmot for the respondent Clifford Librach Michael K. McKelvey and Anna L. Marrison for the respondents Women's College Hospital and Laura Lee Heard: April 26, 27 and 28, 2011 Judgment Released: October 31, 2011 COSTS ENDORSEMENT [1] The appellants requested $207,612.83 on account of partial indemnity costs of the appeal (exclusive of disbursements) as against Dr. Librach and Dr. Librach proposed $101,571.06. [2] Although we think even the latter figure is on the high end of what is appropriate, given the length of the trial and the issues on appeal and Dr. Librach's position on costs, the appellants' partial indemnity costs against Dr. Librach are fixed at $100,000 inclusive of applicable taxes plus disbursements. Signed: “Janet Simmons J.A.” “R. P. Armstrong J.A.” “H. S. LaForme J.A.”