Court File and Parties
CITATION: Pilon v. Smartech Installations, 2016 ONSC 2048
COURT FILE NO.: DV-978-14
DATE: 20160323
ONTARIO
DIVISIONAL COURT, SUPERIOR COURT OF JUSTICE
BETWEEN:
Yvan Rolland Pilon
Plaintiff (Respondent)
– and –
Smartech Installations
Defendant (Appellant)
– and –
Newcap Radio (Rewind 103.9) aka Rewind 103.9
Unrepresented
Réjean Parisé, for the Defendant (Appellant)
Jordan E. Duplessis, for the Defendant (Respondent)
Defendant (Respondent)
HEARD: (In chambers)
DECISION ON COSTS
J. WILCOX
[1] The Plaintiff, Yvan Roland Pilon (Pilon) obtained judgment at trial against the Defendant, Smartech Installations (Smartech) for principal and costs. Smartech appealed successfully. The Trial decision was set aside and a new trial was ordered. Pilon and Smartech had until March 2, 2016 to file costs submissions. Only Smartech did.
[2] Pilon opposed Smartech’s appeal and argued against it at the hearing. During the appeal hearing, the parties were given an opportunity to resolve the dispute between themselves. Pilon refused an offer made then of payment to him of a substantial amount of money to settle the matter, holding out instead for the judgment at trial.
[3] Section 131(1) of the Court of Justice Act indicates that the costs of a proceeding are in the discretion of the court and the court may determine by whom and to what extent the costs shall be paid. Rule 57.01 of the Rules of Civil Procedure lists factors that the court may consider in addition to the result of the proceedings and any offer to settle, in exercising its discretion under section 131 of the Courts of Justice Act. Generally speaking, a successful party is entitled to an award of costs paid by the unsuccessful party. I see nothing in this case to detract from that proposition.
[4] Costs may be awarded on either a partial indemnity scale or a higher substantial indemnity scale. Partial indemnity is more commonly awarded, unless there are reasons for justifying the higher scale. In this case, the offer, although more favourable to the plaintiff than the outcome of the appeal, was not made in advance of the hearing so as to trigger a substantial indemnity award.
[5] In any event, Smartech sought only partial indemnity costs.
[6] Taking the Rule 57.01 factors into account, I find Smartech’s costs submissions persuasive and would award it partial indemnity costs. However, I would put them at 60%, not the 70% requested, of substantial indemnity costs. Therefore, Pilon shall pay Smartech partial indemnity costs of $5,122.55, inclusive of disbursements and taxes, within 30 days.
Justice J. A. S. Wilcox
Released: March 23, 2016
CITATION: Pilon v. Smartech Installations, 2016 ONSC 2048
COURT FILE NO.: DV-978-14
DATE: 20160323
ONTARIO
DIVISIONAL COURT, SUPERIOR COURT OF JUSTICE
BETWEEN:
Yvan Rolland Pilon
Plaintiff (Respondent)
– and –
Smartech Installations
Defendant (Appellant)
– and –
Newcap Radio (Rewind 103.9) aka Rewind 103.9
Defendant (Respondent)
DECISION ON COSTS
Justice J. Wilcox
Released: March 23, 2016