Court File and Parties

CITATION: Carey v. 560779 Ontario Inc., 2014 ONSC 1899

COURT FILE NO.: DC - 12420

DATE: 20140326

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: STEVEN CAREY, Plaintiff/Appellant

AND:

560779 ONTARIO INC. operating as CAREY INDUSTRIES, Defendant/Respondent

BEFORE: MARROCCO, WHITAKER, ELLIES JJ.

COUNSEL: N.J.Tourgis, for the Plaintiff/Appellant

Michael Valente, for the Defendant/Respondent

HEARD: in Writing

Costs ENDORSEMENT

[1] There is no reason to depart from the usual rule that costs go to the successful party.

[2] We see no reason to award substantial indemnity costs. We do not accept the respondent’s criticisms of counsel for the appellant as a basis for such an order. Even if counsel failed to remit the notice of hearing it was in the circumstances minimally inconvenient. Secondly, if we were to award substantial indemnity costs against a party because counsel failed to accurately estimate the time it will take them to argue a matter, we would be punishing the party for a failure uniquely attributable to the party’s counsel.

[3] The respondent is entitled to its costs which are fixed at 60% of its actual costs inclusive of disbursements and applicable taxes. Specifically the respondent is entitled to 60% of $15,144.26.

Marrocco A.C.J.S.C.

Whitaker J.

Ellies J.

Date: 20140327