Payne v. Windsor (City), 2012 ONCA 714

Court of Appeal for Ontario

Citation: Payne v. Windsor (City), 2012 ONCA 714 Date: 2012-10-24 Docket: C54435 and C54438

Before: Goudge, Gillese and Armstrong JJ.A.

Parties

BETWEEN

Hilary Payne and Lawrence Leigh Applicants

and

The Corporation of the City of Windsor, Canadian Transit Company, Edgar Francis, Dave Brister, Drew Dilkens, Ron Jones, Caroline Postma, Alan Halberstadt, Fulvio Valentinis, Ken Lewenza Jr., Biagio Marra, Jo-Anne Gignac and Percy Hatfield Respondents (Appellant)

AND BETWEEN

Hilary Payne and Lawrence Leigh Applicants (Appellants)

and

The Corporation of the City of Windsor, Canadian Transit Company, Edgar Francis, Dave Brister, Drew Dilkens, Ron Jones, Caroline Postma, Alan Halberstadt, Fulvio Valentinis, Ken Lewenza Jr., Biagio Marra, Jo-Anne Gignac and Percy Hatfield Respondents

Counsel

Ms. Paula Lombardi, for the appellant Canadian Transit Company

Raymond Colautti, for the appellants Hilary Payne and Lawrence Leigh

Myron Shulgan, for the respondents Caroline Postma and Biagio Marra

William Sasso, for the respondents Edgar Francis, Dave Brister, Ron Jones, Fulvio Valentinis, Ken Lewenza Jr., Jo-Anne Gignac and Percy Hatfiled

Christopher J. Williams, Jody E. Johnson and Courtney Raphael, for the respondent The Corporation of the City of Windsor

Heard: In writing

On appeal from the judgment of Justice R.C. Gates of the Superior Court of Justice, dated September 12, 2012.

Costs Endorsement

1We have had the opportunity to review the costs submissions of the parties in this matter. In our view, this is neither a case for no costs payable to the respondents, nor a case for the respondents to recover their costs on a substantial indemnity basis. Nothing in the material before us warrants either conclusion.

2Rather, the costs should be fixed in favour of the respondents on a partial indemnity basis. Those costs must be fair and reasonable in all circumstances.

3We therefore order costs payable by the appellants as follows:

(1) To the respondent Corporation of the City of Windsor in the amount of $30,000 in total.

(2) To the respondents Postma and Marra in the amount of $17,000 in total.

(3) To the respondents Francis, Brister, Jones, Valentinis, Lewenza Jr., Gignac and Hatfield in the amount of $17,000 in total.