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
1My thanks to counsel for their able submissions on the matter of costs.
2Mr. Ryder-Burbidge acts on behalf of the plaintiffs with Mr. Guest acting on behalf of the defendant, Charles Dietrich Construction Limited.
3I have reviewed the general principles associated with determining costs and in particular the various factors set out in Rule 57.01.
4In 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.
5Given 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