Welch v. Quast, 2021 ONSC 5531

Court File and Parties

Citation: Welch v. Quast, 2021 ONSC 5531 Divisional Court File No.: 114/21 Date: 2021-08-12

Superior Court of Justice – Ontario Divisional Court

Re: Peter Welch aka Pierre Welch, Plaintiff/Respondent And: Charlie Quast, Defendant/Appellant

Before: Tranquilli J.

Counsel: David B. Williams, for the Appellant David M. Sanders, for the Respondent

Endorsement on Costs

1I allowed the appellant’s appeal by my endorsement of July 20, 2021. Both parties filed bills of costs and cost outlines at the hearing. I invited additional submissions from the parties on fixing the costs of the appeal if they were unable to agree on the issue.

2The appellant seeks fees of $3,500 inclusive of HST plus disbursements of $5,954.44 to indemnify him for the cost of ordering the trial transcripts, for a total costs award of $9,454.44. The appellant notes his actual costs are $42,781.37. The respondent acknowledges the appellant is entitled to his costs of the appeal. However, he submits that fees of $2,500 and disbursements of $3,500 are appropriate, for a total of $6,000 in costs.

3The appellant is entitled to his costs of this appeal. I am given to understand the parties are still to resolve costs of the small claims trial; however, that is not before me. The parties are not far apart in their proposals on costs. I can see nothing unreasonable in the bills of costs and take note of the appellant’s actual costs. In the circumstances, I fix the costs of this appeal at $8,500 inclusive of disbursements and HST, payable by the respondent to the appellant.

Tranquilli J.