CITATION: Fox v. Fox, 2014 ONSC 3338

DIVISIONAL COURT FILE NO.: DC-12-00049-00

DATE: 20140610

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

MATLOW, MARANGER & TOSCANO ROCCAMO J.J.

B E T W E E N :

Robert Alexander Fox

Plaintiff/Respondent

– and –

Robert Sands Fox and 869297 Ontario Inc.

Defendants/Appellants

Shayna Beeksma, for the Plaintiff/Respondent

Ruzbeh Hosseini, for the Defendants/Appellants

HEARD: Written submissions with respect to costs received.

Reasons for Judgment

matlow, j.:

[1] The following is our disposition of costs of the appeal before us heard on October 24, 2013 at Brampton. At the conclusion of the appeal we disposed of the appeal as follows:

This appeal is allowed, the order in appeal is set aside, the order of Kruzick, J. is set aside and the certificate of pending litigation issued pursuant to that order is set aside.

Written reasons followed.

[2] The successful defendants seek costs as follows; fees of $52,638, disbursements of $3,676 plus HST of $6,843, a total of about $63,158. These include the motion to set aside the certificate of pending litigation, the motion for leave to appeal and this appeal.

[3] In my view these amounts are excessive. I would allow $7,500 for the first motion, $7,500 for the second motion $20,000 for this appeal plus an allowance of $10,000 for disbursements and HST for all of proceedings. Any higher award would be unreasonable and beyond the reasonable expectation of the parties.

[4] The defendants are, therefore, entitled to recover costs, fixed at $45,000, all-inclusive.

Matlow, J.

Maranger, J.

Toscano Roccamo, J.

RELEASED: June 10, 2014

CITATION: Fox v. Fox, 2014 ONSC 3338

DIVISIONAL COURT FILE NO.: DC-12-00049-00

DATE: 20140610

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

MATLOW, MARANGER and TOSCANO ROCCAMO J.J.

B E T W E E N :

Robert Alexander Fox

Plaintiff/Respondent

– and –

Robert Sands Fox and 869297 Ontario Inc.

Defendants/Appellants

REASONS FOR JUDGMENT

MATLOW J.

RELEASED: June 10, 2014