Court File and Parties
Citation: Langford v. Trigiani Construction Limited, 2012 ONSC 724 Divisional Court File No.: DC-10-218 Date: 2012-02-07 Superior Court of Justice - Ontario Divisional Court
Re: Timothy Langford and Suzanne Langford, Plaintiffs (Appellants) And: Trigiani Construction Limited, Defendant (Respondent)
Before: Jennings, McCartney and Swinton JJ.
Counsel: William P. Dermody and Angela Papalia, for the Plaintiffs (Appellants) Michael G. Emery, for the Defendant (Respondent)
Endorsement As To Costs
1We have had the advantage of very full written submissions on costs.
2The Plaintiffs, Appellants were successful on the appeal in significantly increasing their recovery from that awarded by the trial judge.
3The Defendant made a pre-litigation offer which was in an amount greater than what we awarded. It was only open for acceptance for 5 days. The Defendant asks for costs of the appeal.
4No Rule 49 offer was ever made by the Defendant. It went to trial, and to appeal, with no offer on the table.
5The Plaintiffs made 3 offers under Rule 49, albeit each was for a greater amount than they ultimately were awarded. They seek costs of $16,950.
6In our opinion, given the recovery made and the necessity of the appeal to obtain it, the Plaintiffs should receive something towards their costs.
7We feel that an award of $15,000 inclusive, payable by the Defendant forthwith, would be just.
Jennings J.
McCartney J.
Swinton J.
Date: February 7, 2012