Mr. D. Saverino

The moving party purchased a commercial property from the responding party, who agreed to lease back a portion of the premises for three months to remove its contents.

The responding party failed to vacate, leading the moving party to lock them out and eventually sell the abandoned contents.

The moving party sought summary judgment for outstanding rent, utilities, and the release of a holdback.

The court granted summary judgment, finding no genuine issue requiring a trial, and awarded damages for the overholding period while ordering the release of the holdback funds.

This is a costs endorsement following a proceeding where the applicants sought recovery of furniture and damages.

Success in the main application was divided: furniture was ordered returned, but no damages were awarded.

The applicants had also been largely unsuccessful on an earlier motion to file additional affidavits.

The court then assessed costs, considering offers to settle made by both parties.

The respondents' offer to return furniture and pay partial indemnity costs was deemed as favourable as the applicants' eventual outcome.

Applying Rule 49.10(2), the court determined that the applicants were entitled to costs up to the date of the respondents' offer, and the respondents were entitled to costs thereafter, including for the unsuccessful motion.

After reviewing detailed bills of costs, the court found the applicants were entitled to $8,636 and the respondents to $9,006.

Due to the small difference, no costs were ultimately payable by either party.