Boyd v. Wright Environmental Management Inc., 2010 ONCA 24

COST ENDORSEMENT

1The appellant, Wright Environmental Management Inc., (WEMI), was substantially unsuccessful on this appeal. However, we found that the trial judge erred by granting relief against 1207974 Ontario Ltd. as it only held the patents that WEMI was licensed to exploit. We urged counsel to settle 1207974 Ontario Ltd.’s entitlement to costs at trial. They have not done so and have submitted extensive written submissions on costs.

2In our view, relatively little trial time was dedicated to the liability of 1207974 Ontario Ltd. The trial judge specifically remarked that much trial time was wasted by WEMI calling evidence “in an attempt to tarnish the reputation” of the respondent. Given the minor role played by1207974 Ontario Ltd. at trial and its responsibility for the incurring of further costs by requiring the preparation of written submissions on costs, we would fix the trial costs of 1207974 Ontario Ltd. in the amount of $5000 inclusive of disbursements and GST.

3The respondent established no basis for setting off the costs awarded to 1207974 Ontario Ltd. against the trial costs awarded to him from WEMI.