Court of Appeal for Ontario

Citation: First Elgin Mills Developments Inc. v. Romandale Farms Limited, 2015 ONCA 138

Date: 2015-03-02

Docket: M44238 (C57028)

Before: Epstein, Lauwers and Pardu JJ.A.

Between

First Elgin Mills Developments Inc.

Applicant

(Appellant/Responding Party)

and

Romandale Farms Limited, Angela Maria Roman, Anne Catherine Ruth Roman, David Andrew Roman, Stephen George Roman, and Helen Elizabeth Roman-Barber

Respondents

(Respondents/Moving Parties)

Counsel:

R. Leigh Youd and Adam J. Wygodny, for the moving parties

John J. Longo and Martin J. Henderson, for the responding party

COSTS ENDORSEMENT

[1] For the reasons reported at 2014 ONCA 573, this court allowed the appeal by First Elgin Mills Developments Inc., with the costs of the appeal, and reversed the costs award in the court below.

[2] The respondents in the appeal, led by Romandale Farms Limited, moved for a rehearing. The motion, which was in writing, was dismissed for reasons reported at 2015 ONCA 54.

[3] As the successful respondent to the rehearing motion, First Elgin Mills Developments Inc. seeks costs on a partial indemnity basis, in the amount of $13,094, all inclusive. As responding party, it was obliged to file a factum, a brief of authorities and written submissions. It submits that a motion for a rehearing was "improper and unnecessary". It also points out that the moving parties' request for costs, if successful, suggested that they expected to pay costs if they did not succeed.

[4] The moving parties argue that no costs should be awarded due to the particular circumstances of the motion for a rehearing. In particular, they submit that the motion raised a novel issue that resulted in clarification of the law, by way of this court's adoption of the rehearing criteria set out in Doman Forest Products Ltd. v. G.M.A.C. Commercial Credit Corp., 2005 BCCA 111, 2005 B.C.C.A. 111. The moving parties also submit that the quantum of costs requested by the responding party is disproportionate given that it exceeds the $10,000 in costs awarded on the appeal. In the alternative to an order refusing costs, the moving parties suggest that the costs award on the rehearing motion should be no more than $3,900, on a partial indemnity basis.

[5] We agree that costs should follow the event, and that a modest award is due in these circumstances, fixed at $4,000 all inclusive.

"Gloria Epstein J.A."

"P. Lauwers J.A."

"G. Pardu J.A."