Court File and Parties
Superior Court of Justice – Ontario
Divisional Court
Re: Cytec Canada Inc., Appellant
and
The Corporation of the City of Niagara Falls and 800460 Ontario Ltd., Respondents
Before: Schreck, Shore and Brownstone JJ.
Counsel: A. Burton and S. Floras, for the appellant P. De Melo, for the respondent the Corporation of the City of Niagara Falls T. Richardson and S. Premi, for the respondent 800460 Ontario Ltd.
Heard: In writing
Costs Endorsement
1This costs endorsement is further to our reasons reported at 2026 ONSC 1463, in which we invited the parties to make submissions as to costs. We have now received and reviewed those submissions.
2The respondents were entirely successful on the appeal and are entitled to costs. The respondent the Corporation of the City of Niagara Falls (“the City”) seeks partial indemnity costs totalling $27,699.06 and the respondent 800460 Ontario Ltd. (“the developer”) seeks $43,176.94. The appellant submits that the costs awarded against it should total $25,000.00, to be divided between the respondents.
3The City and the developer largely relied on the same arguments and state that they worked collaboratively. The latter’s costs should not be over 50% greater than the former’s.
4One indicator of a party’s reasonable expectations regarding costs is the amount in its own Bill of Costs: Sin v. Kela Medical Inc. 2025 ONSC 55129, at para. 61. In this case, that amount for the appellant is $59,225.25 at a partial indemnity rate, which is far more than the amount it proposes.
5In all the circumstances, we conclude that the City is entitled to costs of $25,000.00 and the developer is entitled to costs of $30,000.00 (which includes $2500.00 for each respondent on the motion for leave to appeal), inclusive of disbursements and HST and payable within 60 days.
Schreck J.
Shore J.
Brownstone J.
Date: March 26, 2026