COURT FILE NO.: DC-08-0066-00
DATE: 20090605
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Landmark II Inc. v. 1535709 Ontario Limited
BEFORE: Ricchetti, J.
COUNSEL: A. Conte, for the Plaintiff/Respondent
R. Belsito, for the Defendant/Applicant
C O S T S E N D O R S E M E N T
The parties were invited to make written submissions on the costs of the motion.
The Plaintiff seeks costs on a partial indemnity basis of $9,523.50 all inclusive.
The Defendant submits that I order costs in the event the Plaintiff is successful at the appeal. As to quantum, the Defendant argues that the Plaintiff’s Bill of Costs should be reduced by one third to $6,349 all inclusive.
The Plaintiff was not successful on the leave issue. It was a complex issue. However, the Plaintiff was successful on the main issue. Simply, it lost that battle but won the war. The Plaintiff should be entitled to its costs but on a reduced basis to take into account that a great deal of the argument related to the issue which the Plaintiff lost on.
I disagree that the Plaintiff should only recover its costs if it is successful on the motion. The Defendant knew the risk of bringing the motion and the likelihood that costs would be awarded if it was unsuccessful on the motion. Rule 57.03 (1) (a) provided the general rule that costs are payable within 30 days. There is no good reason to deviate from this rule.
As to the issue of quantum, I have had an opportunity to review Mr. Conte’s Bill of Costs. I would have reduced the amount as some of the time spent on some of the items appeared to be excessive (i.e. 3.5 hours on the costs submissions). However, the 1/3 reduction proposed by the Plaintiff would result in approximately the same final amount as a reduction by reducing the number of hours on account of the excessive hours and the issue the Plaintiff was not successful on.
Accordingly, Costs in the amount of $6,349 all inclusive shall be payable within 30 days by the Defendant to the Plaintiff.
Ricchetti, J.
DATE: June 5, 2009
COURT FILE NO.: DC-08-0066-00
DATE: 20090605
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Landmark II Inc.
v.
1535709 Ontario Limited
BEFORE: Ricchetti
COUNSEL: A. Conte, for the Plaintiff/Respondent
R. Belsito, for the Defendant/Applicant
COSTS ENDORSEMENT
Ricchetti J.
DATE: June 5, 2009