COURT FILE NO.: DC-1-10
DATE: 2011-09-12
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Advantagewon Inc. - Appellant
Corey Thomas - Respondent
BEFORE: Parayeski, J.
COUNSEL: Mr. Ali Chahbar, for the Appellant
Mr. James Studer, for the Respondent
E N D O R S E M E N T
[1] This hearing involved an appeal to me as a single judge of the Divisional Court in respect of a Small Claims Court decision. The appellant was successful. Nothing in the costs submissions of counsel suggests to me that it would be appropriate to deviate from the notion that costs should follow the cause. Accordingly, the appellant is entitled to its costs.
[2] Of course, that does not end the analysis I must perform. The appropriate scale and reasonableness of those costs remain live issues. I see no basis for the appellant to recover costs on the substantial indemnity basis. There is no evidence before me of an offer to settle made on the part of the appellant which would militate in that direction.
[3] Rule 57 of the Rules of Civil Procedure sets out a number of factors that I may consider in respect of the reasonableness of costs being sought. Two of those factors are of direct relevance in the circumstances of this case. They are the amount that an unsuccessful party could reasonably expect to pay and the amount at issue. While obviously this appeal had to be brought at this Court, one should not lose sight of the fact that this action was one properly commenced and heard in the Small Claims Court. The amount claimed in that Court was $10,000.00
[4] I am of the view that reasonable costs, under all of these circumstances, are $5,000.00, all-inclusive. The $17,185.79 the appellant sought is anything but reasonable or appropriate. I say this fully appreciating that the appellant felt that it was obliged to appeal this case in order to avoid the setting of a precedent that it believed would be detrimental to its business, but the cost of so doing ought not to be borne by the respondent alone.
[5] In conclusion, the respondent shall pay to the appellant its costs of the hearing before me fixed at $5,000.00, all-inclusive. Such payment is to be made within 6 months of the date this costs ruling is released.
Parayeski, J.
DATE: September 12, 2011
COURT FILE NO.: DC-1-10
DATE: 2011-09-12
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Advantagewon Inc., Appellant
Corey Thomas - Respondent
BEFORE: Parayeski, J.
COUNSEL: Mr. Ali Chahbar, for the Appellant
Mr. James Studer, for the Respondent
ENDORSEMENT
Parayeski, J.
DATE: September 12, 2011