CITATION: MD Management Limited v. Campbell, 2011 ONSC 1221
SUPERIOR COURT OF JUSTICE - ONTARIO
(DIVISIONAL COURT)
RE: MD Management Limited v. Timothy William Campbell AND BMO Nesbitt Burns Inc.
BEFORE: Justices Swinton, Herman and Harvison Young
COUNSEL: Paul Bates and Robert Gain, for the Plaintiff/Appellant Malcolm MacKillop and Hendrik Nieuwland, for the Defendants/Respondents
HEARD AT TORONTO: in writing
COSTS ENDORSEMENT
1The defendants/respondents seek costs of the appeal, on a partial indemnity basis, in the amount of $41,762.66, inclusive of disbursements and HST. They submit that there should be no costs for the motion for directions before Molloy J.
2The plaintiff/appellant submits that it should be awarded costs of the motion on a substantial indemnity basis in the amount of $13,623.20, and there should be no costs of the appeal or the costs should be modest.
3The respondents were successful on the appeal, and they should be awarded costs. We accept their submission that each party should bear its own costs of the motion before Molloy J.
4While this was an appeal that was important to all parties, the costs sought are beyond what is fair and reasonable for an appeal of this type. Costs to the respondents are fixed at $20,000.00 inclusive of disbursements and HST, payable within 30 days.
Swinton J.
Herman J.
Harvison Young J.
Released: March 7, 2011