CITATION: Turnbull-Smith v. Turnbull, 2012 ONSC 4348

COURT FILE NO.: CV-09-169-00

DATE: 2012 07 24

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Alison Turnbull-Smith and Jeffrey Smith, Plaintiffs

AND:

Bruce Turnbull, Thomas Turnbull and Charles Dietrich Construction Limited, Defendants

BEFORE: The Honourable Mr. Justice R. F. Scott

COUNSEL: John A. Ryder-Burbidge, for the Plaintiffs

Christopher S. Guest, for the Defendant Dietrich Construction Limited

HEARD: June 7, 2012

D E C I S I O N O N C O S T S

[1] My thanks to counsel for their able submissions on the matter of costs.

[2] Mr. Ryder-Burbidge acts on behalf of the plaintiffs with Mr. Guest acting on behalf of the defendant, Charles Dietrich Construction Limited.

[3] I have reviewed the general principles associated with determining costs and in particular the various factors set out in Rule 57.01.

[4] In this Motion for Leave to Appeal, the plaintiffs were ultimately successful with the ultimate issue concerning the limitation period being reserved to the trial judge.

[5] Given all of the factors including the uniqueness of the law, the plaintiffs are entitled to their costs in the amount of $3,500.00 not inclusive of disbursements or H.S.T.

Scott, J.

DATE: July 24, 2012