ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
DUNNET, FERRIER AND EPSTEIN JJ.
B E T W E E N:
ALBERT V. AGNELLI
Plaintiff (Respondent)
- and -
THE ARNOLDI GROUP LIMITED, ANTHONY J.W. ARNOLDI, a.k.a. TONY ARNOLDI, KLEIN & SCHONBLUM ASSOCIATES and JEFFREY S. KLEIN
Defendants (Appellants)
Michael A. Handler, for the Respondent
Thomas S. Kent, for the Appellants
HEARD: September 26, 2003
EPSTEIN J.: (Orally)
1There was ample evidence before the trial Judge to support her finding that the agreement between the parties gave Mr. Agnelli the right to 45% of the gross commission received by the Arnoldi Group. We see no reason to interfere with that finding or with the trial Judge’s conclusion that as a result Mr. Agnelli was entitled to judgment in the amount of $12,203.73 against the Arnoldi Group Limited and Anthony J. W. Arnoldi.
2With respect to costs, both parties agree that the trial Judge erred in awarding costs on a substantial indemnity basis throughout. The contentious issues have to do with the consequences of the offers to settle and whether in a $12,200.00 action, that preceded under the simplified rules, a cost order of $28,400.00 was appropriate.
3The learned trial Judge gave no reasons for her decision on costs. Rules 49 and 57 set out the factors the Court must take into account in exercising its discretion as to costs. Taking into account those relevant factors and the importance of respecting the principles of proportionality and reasonableness in cases under the simplified rules, we are of the view that the cost order cannot stand. In these circumstances it is appropriate for this Court to fix costs. The costs of trial are fixed at $10,000.00 including disbursements and GST.
4The record will reflect that given the divided success, there is no order as to costs.
DUNNET J.
FERRIER J.
EPSTEIN J.
Date of Reasons for Judgment: September 26, 2003
Date of Release: October 16, 2003
COURT FILE NO.: 83/01
DATE: 20030926
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
DUNNET, FERRIER AND EPSTEIN JJ.
B E T W E E N:
ALBERT V. AGNELLI
Plaintiff (Respondent)
- and -
THE ARNOLDI GROUP LIMITED, ANTHONY J.W. ARNOLDI, a.k.a. TONY ARNOLDI, KLEIN & SCHONBLUM ASSOCIATES and JEFFREY S. KLEIN
Defendants (Appellants)
ORAL REASONS FOR JUDGMENT
EPSTEIN J.
Date of Reasons for Judgment: September 26, 2003
Date of Release: October 16, 2003