Court File and Parties

2014 ONSC 6856

DIVISIONAL COURT FILE NO.: 746/13

DATE: 2014/11/26

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

RE: Ontario Society for the Prevention of Cruelty to Animals, Appellant/Defendant

AND

Kenneth Hunter, Respondent/Plaintiff

BEFORE: Justice L. Ratushny

COUNSEL: Brian Shiller and Gerald Chan, for the Appellant/Defendant

Kurtis R. Andrews and Donald R. Good, for the Respondent/Plaintiff

HEARD: (By written submissions)

ENDORSEMENT AS TO COSTS

[1] Written costs submissions have been received from the parties.

[2] The appellant was awarded costs as a result of my Appeal Decision released October 20, 2014. The only issue is their quantum.

[3] The appellant requests costs fixed at $7,500.00, which costs are, as the appellant has stated, a fraction of the actual costs incurred in this case even assuming partial indemnity rates and excluding disbursements. Additionally, the appellant confirms it is not requesting its costs at trial even though the Appeal Decision overturned the trial judge’s award of damages.

[4] I accept that the appellant was successful on all legal issues it placed before the Court, that the issues were complex and important, and that the respondent’s erroneous factual assertions in the appeal increased the costs incurred.

[5] The respondent submits, tongue in cheek I presume, that because he offered to settle for $100.00 in damages and this Court awarded him that same amount, he obtained an award that equaled his offer to settle. This position, of course, does not reflect the overturning in the appellant’s favour of the trial judge’s award of Charter damages. As such, the Appeal Decision was clearly more favourable to the appellant than the respondent’s offer to settle and there are no divided costs consequences flowing from the application of Rule 49.10 and the respondent’s offer to settle.

[6] On the basis of the factors referred to above, I fix the costs payable to the appellant in the amount of $7,500.00 all inclusive. The respondent is to pay $7,500.00 to the appellant within 30 days.

Justice L. Ratushny

Date: November 26, 2014

2014 ONSC 6856

DIVISIONAL COURT FILE NO.: 746/13

DATE: 2014/11/26

ONTARIO

SUPERIOR COURT OF JUSTICE

RE: Ontario Society for the Prevention of Cruelty to Animals, Appellant/Defendant

AND

Kenneth Hunter, Respondent/Plaintiff

BEFORE: Justice L. Ratushny

COUNSEL: Brian Shiller and Gerald Chan, for the Appellant/Defendant

Kurtis R. Andrews and Donald R. Good, for the Respondent/Plaintiff

ENDORSEMENT AS TO COSTS

Ratushny J.

Released: November 26, 2014