Ruffolo v. Sun Life Assurance Company
The court exercised its discretion to balance the respondent's claimed costs against the Law Foundation's submissions on novel law and access to justice, and fixed costs at $18,000 inclusive of disbursements and GST because that amount fairly reflected the nature and length of the appeal, the issues involved and the...
Source-derived case information.
- Citation
- 2009 ONCA 394
- Parties
- Appellants: John Ruffolo and Nicole Lepage; Respondent: Sun Life Assurance Company of Canada; Intervenor / Responsible for Appellants' Costs: Law Foundation of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 May 2009
- Procedural Posture
- Civil Appeal and Cross Appeal / Costs Endorsement Following Dismissal of Appeal and Cross Appeal
- Outcome
- Appeal and cross-appeal dismissed; costs fixed in favour of respondent.
- Legal Topics
- Costs Awards, Partial Indemnity Costs, Public Interest, Novel Law Issues, Responsibility for Appellant Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ruffolo and Nicole Lepage
Appellants
Sun Life Assurance Company of Canada
Respondent
Law Foundation of Ontario
Intervenor / Responsible for Appellants' Costs
Procedural Posture
Civil Appeal and Cross Appeal / Costs Endorsement Following Dismissal of Appeal and Cross Appeal
Legal Issues
- 1 Whether respondent was entitled to costs on a partial indemnity basis
- 2 What quantum of costs should be awarded for the appeal and cross-appeal
- 3 Whether public interest, novel law and access to justice considerations should reduce the costs award
Ratio Decidendi
The court exercised its discretion to balance the respondent's claimed costs against the Law Foundation's submissions on novel law and access to justice, and fixed costs at $18,000 inclusive of disbursements and GST because that amount fairly reflected the nature and length of the appeal, the issues involved and the fact the respondent's cross-appeal was dismissed.
Court Disposition
Appeal and cross-appeal dismissed; costs fixed in favour of respondent.
Orders
- Costs of the appeal and cross-appeal fixed at $18,000 inclusive of disbursements and GST payable to Sun Life Assurance Company of Canada.
Full Case Text
Judgment text and source record
1 paragraphs
Ruffolo v. Sun Life Assurance Company Collection Decisions of the Court of Appeal Date 2009-05-12 Neutral citation 2009 ONCA 394 Docket numbers C48088, C48470 Judges Moldaver, Michael James; Simmons, Janet M.; Blair, Robert Ashley Subject Civil Decision Content CITATION: Ruffolo v. Sun Life Assurance Company, 2009 ONCA 394 DATE: 20090512 DOCKET: C48470 and C48088 COURT OF APPEAL FOR ONTARIO Moldaver, Simmons and Blair JJ.A. BETWEEN John Ruffolo and Nicole Lepage Plaintiffs (Appellants) and Sun Life Assurance Company of Canada Defendant (Respondent) Patricia Jackson, John Terry and Jana Stettner, for the respondent Scott C. Hutchison and Aaron Dantowitz, for the Law Foundation of Ontario COSTS ENDORSEMENT [1] On April 2, 2009, the court released its decision dismissing the appeal and cross-appeal. We have since received and reviewed the submissions of the respondent and of the Law Foundation of Ontario respecting costs and this is our decision in that regard. [2] The respondent claims fees and disbursements for the appeal on a partial indemnity basis in the total amount of $26,457.59 plus GST. The Law Foundation of Ontario – which has standing because it is responsible for the appellant’s costs – submits that Sun Life’s claim for costs of the appeal should be substantially reduced, having regard to the novel law, public interest factors and access to justice concerns inherent in the case. It submits that an appropriate award in favour of Sun Life would be $12,000, inclusive of the dispersed funds and GST. [3] In our view, the respondent’s costs on the appeal should be fixed at $18,000, inclusive of disbursements and GST. This amount reflects the nature and length of the appeal, the issues involved, and the fact that the respondent’s cross-appeal was dismissed. [4] The costs of the appeal and cross-appeal are therefore fixed in the amount of $18,000, inclusive of disbursements and GST. “M.J. Moldaver J.A.” “J.M. Simmons J.A.” “R.A. Blair J.A.”