Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
DIVISIONAL COURT
RE: A, Applicant/Respondent in Appeal v. B, Respondent/Appellant in Appeal
BEFORE: Justice Romain Pitt
COUNSEL: Philip Epstein, for the Applicant/Respondent in Appeal Harold Niman/Deborah MacKenzie, for the Respondent/Appellant in Appeal
DATE HEARD: February 7, 2008
E N D O R S E M E N T R E C O S T S
1I have read and considered the submissions of the parties, and I have taken into account the factors set out in Rule 49 and Rule 57.01 of the Rules of Civil Procedure, R.R.0. 1990, Reg. 194.
2I am required to award costs that are reasonable and fair. See Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.).
3I see no reason why I should not observe the practice of ordering that costs follow the event.
4I believe and find, however, that an appropriate award on such a motion is $5,000.00 inclusive of GST and disbursements on a partial indemnity scale, payable to the respondent within 30 days.
Pitt J.
DATE: May 2, 2008