Thomson v. Simms, 2016 ONSC 3935

CITATION: Thomson v. Simms, 2016 ONSC 3935

COURT FILE NO.: 15-DC-2164

DATE: 2016 June 14

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

SHAWN THOMSON

Plaintiff/Respondent on Appeal

– and –

DAVID SIMMS

Defendant/Appellant

COUNSEL:

David Capra, for the Plaintiff/Respondent on Appeal

John H. Hale, for the Defendant/Appellant

HEARD: written submissions

COSTS ENDORSEMENT

Tranmer, J.

1The plaintiff’s offer to settle of March 7, 2016, replaced by that of May 3, 2016, was reasonable and was less favourable to the plaintiff than the final outcome.

2This must be balanced with the reasonable costs expectations of the parties. I have no information as to the defendant’s legal costs. The sum claimed of $8218.80 seems excessive to me.

3Taken into consideration the issues argued on appeal, the parties’ submissions on costs, the Rule 57 factors, I find that a fit and just award of costs is in the sum of $6500.00 for fees plus H.S.T. plus $386.46 for disbursements.

Honourable Mr. Justice Gary W. Tranmer

Released: June 14, 2016

CITATION: Thomson v. Simms, 2016 ONSC 3935

COURT FILE NO.: 15-DC-2164

DATE: 2016 June 14

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

SHAWN THOMSON

Plaintiff/Respondent on Appeal

– and –

DAVID SIMMS

Defendant/Appellant

COSTS ENDORSEMENT

Tranmer J.