Southgate Public Interest Group v. Southgate (Township), 2014 ONSC 2935

CITATION: Southgate Public Interest Group v. Southgate (Township), 2014 ONSC 2935

COURT FILE NO.: DC-0085-00

DATE: 2014/06/27

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

MATLOW, MARANGER AND TOSCANO ROCCAMO J.J.

BETWEEN:

SOUTHGATE PUBLIC INTEREST RESEARCH GROUP Applicant (Appellant In Appeal)

– and –

THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE, LYSTEK INTERNATIONAL INC., DOUGLAS KOPP Respondents (Respondents In Appeal)

COUNSEL:

Robert G. Doumani, Piper Morley for the Applicant (Appellant In Appeal)

Barnet H. Kussner, for the Corporation of the Township of Southgate and Douglas Kopp

D. Lynne Watt, for Lystek International Inc.

HEARD: October 21, 2013 at Brampton.

APPEAL UNDER SECTION 26 OF THE BUILDING CODE ACT, 1992

COSTS ENDORSEMENT

MARANGER J.

By our judgment issued on February 26, this appeal was dismissed and counsel were invited to make written submissions with respect to costs. We have received and considered those submissions.

Counsel for the respondents, Township of Southgate and Kopp, seeks substantial indemnity costs in the sum of $22,014.68 inclusive of disbursements of $891.59 plus H.S.T. or, if we should award partial indemnity costs, in the sum of $15,405.31, all-inclusive. Counsel for the respondent, Lystek, seeks costs in the sum of $11,451.47 inclusive of disbursements of $1,882.05 plus HST.

Counsel for the appellant submits that no order for cost should be made against it. In the alternative, if the respondents are awarded costs they should be limited to a total of $10,000 all-inclusive to be divided between all of them.

I see no good reason why we should depart from the general rule that successful parties are entitled to partial indemnity costs.

However, in my view, the amounts sought are excessive and beyond the reasonable expectations of the parties.

Accordingly, in the exercise of our discretion and the factors set out in rule 57.01 of the Rules of Civil Procedure, particularly subrules (a) (c) (d) (e) and (f), I would award partial indemnity costs to Southgate and Kopp in the sum of $15,000 and to Lystek in the sum of $7,500, both all-inclusive.

Maranger, J.

Matlow, J.

Toscano Roccamo, J.

Released: June 27, 2014