CITATION: Pingue v. Unifund Assurance, 2017 ONSC 1580
FILE NO.: DC 10747/15
DATE: 2017/03/09
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Maddalena J.
B E T W E E N:
Franca Pingue
Self-represented
Plaintiff (Appellant)
- and -
Unifund Assurance
Bradley M. Remigis, for the
Defendant (Respondent)
Defendant (Respondent)
The Honourable Justice T. Maddalena
COSTS ENDORSEMENT
[1] I heard this Small Claims Court appeal at Welland on October 28, 2016.
[2] On December 12, 2016 I released my decision and dismissed the appeal.
[3] I have now received and reviewed costs submissions from both the appellant and the respondent.
Position of the Respondent
[4] The respondent, Unifund Assurance, submits that it is entitled to costs on a partial indemnity basis for both the trial and the appeal.
[5] Unifund Assurance (“Unifund”) is seeking trial costs at 30% of the claim pursuant to rule 14.07(1) of the Rules of the Small Claims Court and s. 29 of the Courts of Justice Act. The plaintiff’s claim sought $11,000 in damages and therefore Unifund asserts a claim for $3,300 in costs for the trial.
[6] Unifund is also seeking costs on a partial indemnity basis for the appeal fixed at $1,776.
[7] Unifund further seeks $821.90 as disbursements for the trial and the appeal.
[8] Therefore, Unifund seeks $5,898.50 in total for costs and disbursements for the trial and the appeal.
The Position of the Appellant
[9] The appellant states that the respondent’s bill of costs are grossly exaggerated, more particularly, the four hours to attempt to resolve matters and the 18.5 hours for appeal attendance.
[10] The appellant further states that an imposition of costs would be a financial hardship.
Analysis
[11] Both parties submitted to this court offers to settle that were applicable to the trial of this action. These offers are relevant to the trial only and not to the appeal.
[12] Further, the costs of the trial in Small Claims Court were dealt with in para. 44 of the trial decision of Deputy Judge Marshall released August 13, 2015.
[13] The court noted in its judgment that in the absence of submissions on costs, the action was deemed dismissed without costs.
[14] This court will therefore not deal with costs of the trial.
[15] The respondent is the successful party on the appeal and is therefore entitled to costs of the appeal.
[16] These costs should be on a partial indemnity basis and relate to the appeal only.
[17] The amount claimed of 18.5 hours for the appeal is excessive. At most, no more than 10 hours in total should be allocated for the appeal.
[18] I, therefore, fix reasonable costs to be paid by the appellant to the respondent at $1,000 all inclusive, payable within 90 days.
Maddalena J.
Released: March 9, 2017
CITATION: Pingue v. Unifund Assurance, 2017 ONSC 1580
FILE NO.: DC 10747/15
DATE: 2017/03/09
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Maddalena J.
B E T W E E N:
Franca Pingue
Plaintiff (Appellant)
- and –
Unifund Assurance
Defendant (Respondent)
COSTS ENDORSEMENT
Released: March 9, 2017