CITATION: 1794648 Ontario Limited v. Papastamos, 2014 ONSC 4451
COURT FILE NO.: DC 12-32886-SR
DATE: 2014-07-29
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
1794648 Ontario Limited
Allan V. Mills, for the Plaintiff
Plaintiff
- and -
Dina Papastamos
A. Douglas Burns and Sharoon J. Gill, for the Defendant
Defendant
- and -
Edwin Alexander and Janos Laczko
Dean Morris, for Edwin Alexander; and Richard Wellenreiter, for Janos Laczko
Third Parties
HEARD: July 23, 2014
COSTS RULING
LOFCHIK, J.
[1] Given my finding that the action herein was improperly constituted, everything that occurred after the setting aside of the default judgment has been a waste of time and money. The responsibility for this lies at the feet of the plaintiff.
[2] The defendant Dina Papastamos sought a dismissal or stay of the main action and payment out of court of the sum of $110,000 which she had paid in. I have found that the defendant was in a position where she had to defend an action which was improperly constituted. Her objectives were to cease having to participate in the action as it was constituted and recover the money which she had paid into court. She has been completely successful in both those objectives.
[3] The arguments with respect to the Rule 15 motion, the Rule 20 motion, and the claim for payment of the monies in court were so intertwined that it cannot be said that more time was spent in preparation or argument of any one over the other. I find that the defendant is entitled to her costs of the action subsequent to the setting aside of the default judgment payable by the plaintiff on a substantial indemnity basis fixed in the amount of $19,662 for fees and $3,757.25 for disbursements, both inclusive of GST.
Lofchik, J.
Released: July 29, 2014
CITATION: 1794648 Ontario Limited v. Papastamos, 2014 ONSC 4451
COURT FILE NO.: DC 12-32886-SR
DATE: 2014-07-29
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
1794648 Ontario Limited
Plaintiff
- and -
Dina Papastamos
Defendant
- and -
Edwin Alexander and Janos Laczko
Third Parties
COSTS RULING
TRL;co
Released: July 29, 2014