16-002705 v TD General Insurance Company, 2017 CanLII 43992

Jun 27, 2017

Adjudicator: Louise Bélanger-Hardy

Background to Both Actions

M.S. and H.S. are sisters and were involved in the same motor vehicle accident.  They also made the exact same submissions on the motions for costs.  As such the Adjudicator issued the exact same decision, except for changing the initials of the sisters.

Is the Applicant or Respondent Entitled to Costs?

Despite a fulsome discussion of the facts and submissions from counsel, the Adjudicator held that once a matter has been withdrawn, the Tribunal no longer has any role to play in the proceedings which includes a motion for costs.

Further, the Adjudicator held without providing detailed reasons that in the alternative, if she had to consider the grounds for costs, she held that neither party gave evidence of unreasonable, frivolous or vexatious behaviour, or conduct in bad faith.

As such the motions for costs were denied.