York ats. Morsi – Costs Decision

Written on June 11, 2012.

On Friday, June 8th, 2012, the Honourable Justice Brian Shaughnessy, who was the Trial Judge, awarded the Defendants costs for defending the Plaintiff’s action through trial as follows: Region of York – $55,000 for fees plus applicable GST/HST, and $36,052.91 for disbursements. Fermar Paving was awarded $40,000 for fees plus GST/HST, and $38,783.94 for disbursements. Counsel for the Plaintiffs unsuccessfully argued that in light of the tragic circumstances of the case and the alleged impecuniousity of the lead Plaintiff, Antonella Morsi, the parties should bear their own costs. Justice Shaughnessy rejected this argument, but did reduce the Defendants’ claims for fees due to the fact that the parties settled the quantum of damages and the trial only lasted 5 days.