Townley v. Saunders
Erin Townley
Law Firm / Organization
Bergeron Clifford LLP
Robert Saunders
Law Firm / Organization
Not Specified
Irene Spike
Law Firm / Organization
Not Specified
Security National Insurance Company
Law Firm / Organization
Not Specified
Lawyer(s)

Kyle Smith

Dennis Holden
Law Firm / Organization
Malach Fidler Sugar + Luxenberg LLP
Lawyer(s)

Robert E. Sugar

Courtney Boomhower
Law Firm / Organization
Malach Fidler Sugar + Luxenberg LLP
Lawyer(s)

Robert E. Sugar

Pancreatic Cancer Canada Foundation
Law Firm / Organization
Dutton Brock LLP
Lawyer(s)

Lida Moazzam

Gordon Townley
Law Firm / Organization
Norton Rose Fulbright Canada LLP
Lawyer(s)

Ted Brook

People on Bikes Inc.
Law Firm / Organization
Norton Rose Fulbright Canada LLP
Lawyer(s)

Ted Brook

His Majesty the King in Right of Ontario
Law Firm / Organization
Forget Smith
Lawyer(s)

Martin P. Forget

Context:

  • This case arises from a motion involving a car accident where Erin Townley sued the Defendants, including Security National Insurance. The motion sought to determine if additional parties (Proposed Defendants) could be added as third parties in the litigation.

Key Issues:

  1. Entitlement to Costs:

    • The court needed to decide if the Proposed Defendants (People on Bikes, Gord Townley, and His Majesty the King in Right of Ontario) were entitled to costs after successfully defending against Security National’s motion.
    • The court ruled in their favor, rejecting Security National’s claim that they were merely intervenors not entitled to costs. The court found that their full participation and significant interest in the outcome warranted costs.
  2. Fair Costs Award:

    • The court evaluated what would be a reasonable amount for partial indemnity costs, considering factors like case complexity, importance of the issues, and the conduct of the parties.
    • It awarded $5,328 to People on Bikes and Gord Townley, and $2,667 to His Majesty the King in Right of Ontario.

Conclusion:

  • The court ordered Security National to pay the awarded costs within 30 days, concluding that these amounts were fair and reasonable given the circumstances of the case.
Superior Court of Justice - Ontario
CV-19-336
Insurance law
$ 7,995
Defendant