CITATION: 2066209 Ontario Inc. v. Tannis, 2013 ONSC 97
COURT FILE NO.: 10-1660 DATE: 2013/01/07
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
2066209 ONTARIO INC. Plaintiff/Respondent on Appeal
– and –
RALPH TANNIS, 6681875 CANADA INC., 6384455 CANADA INC., 6270735 CANADA INC., and 2161110 ONTARIO LTD. Defendant/Appellant on Appeal
Richard Dean MacNeil, as agent for the Plaintiff/Respondent on Appeal
Christopher Hart, as agent for Ernest Tannis, counsel for the Defendant, Ralph Tannis/Appellant on Appeal
HEARD: Written submissions
AMENDED SUPPLEMENTARY REASONS FOR COSTS
(Amendment is made to correct the error whereby the numbered company 6681875 Canada Inc. was incorrectly referred to as 6881875 Canada Inc.)
Aitken J.
Nature of Proceedings
[1] The Plaintiff is seeking its costs on the appeal, inclusive of disbursements, in the amount of $1,158.74. It also seeks to quantify its costs in the action at $2,861.89, in addition to the fee of $1,500 that the Deputy Judge ordered Tannis to pay to the Plaintiff over and above disbursements and any costs awards earlier made leading up to trial.
[2] The Defendant, Tannis, is seeking his costs on the appeal and at trial in the total amount of $4,095.16, inclusive of GST on the grounds that the action should not have been brought against him personally and on the appeal, he was successful.
Plaintiff’s Cost Claim
[3] 6681875 Canada Inc. (c.o.b. as Fat Albert’s and Ralph’s) has not made any submissions in regard to the disbursements being claimed by the Plaintiff. I consider those disbursements to be reasonable, aside from the payment to a paralegal in the amount of $535.00. I consider that disbursement to be covered in the fee portion of the costs award made by the Deputy Judge and already assessed against 6681875 Canada Inc. in my decision. Consequently, in regard to the trial, the disbursements payable by 6681875 Canada Inc. amount to $2,326.89, in addition to the fee of $1,500.
[4] In regard to the appeal, I will not allow the Plaintiff any costs on the appeal against Tannis because the initial order by the Deputy Judge should not have been made against Tannis personally and Tannis was successful in this regard on the appeal.
[5] However, costs on the appeal in favour of the Plaintiff will be allowed against 6681875 Canada Inc. in the amount of $1,000.00.
Tannis’ Costs Claim
[6] Despite the fact that the order at trial should not have been made against Tannis personally, and Tannis was successful on the appeal in getting that order set aside, I am not prepared to give Tannis any costs in regard to either the trial or the appeal. It must not be forgotten that Tannis was the primary actor in this matter that caused the loss to the Plaintiff. He is 6681875 Canada Inc. and, at all material times, he represented 6384455 Canada Inc. in negotiations with the Plaintiff. It was Tannis who held out 6681875 Canada Inc. as being responsible for payment of the sums owing to the Plaintiff and it was Tannis who took the decision not to pay those sums. It was also Tannis who made it extremely difficult for the Plaintiff, and the Deputy Judge, to figure out what the interrelationships were between Tannis, 6681875 Canada Inc., and 6384455 Canada Inc., as noted by the Deputy Judge.
[7] Costs in favour of Tannis are denied.
Aitken J.
Released: January 7, 2013
CITATION: 2066209 Ontario Inc. v. Tannis, 2013 ONSC 97 COURT FILE NO.: 10-1660 DATE: 2013/01/07
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
2066209 ONTARIO INC. Plaintiff/Respondent on Appeal
– and –
RALPH TANNIS, 6681875 CANADA INC., 6384455 CANADA INC., 6270735 CANADA INC., and 2161110 ONTARIO LTD. Defendant/Appellant on Appeal
AMENDED SUPPLEMENTARY REASONS FOR COSTS
Aitken J.
Released: January 7, 2013