DATE: 2001-06-20
DOCKET: C33233
COURT OF APPEAL FOR ONTARIO
RE:
RACHEL HUMBER (Plaintiff/Respondent) v. ASSOCIATED RESPIRATORY SERVICES INC., carrying on business under the firm name and style of ARS VITALAIRE, VITALAIRE and AIR LIQUIDE CANADA INC., carrying on business under the firm name and style of CAMBRIAN WELDING SUPPLIES (Defendants/Appellants)
BEFORE: OSBORNE A.C.J.O., DOHERTY and MACPHERSON JJ.A.
COUNSEL:
Allan Herman for the appellant
Peter Best for the respondent
HEARD: May 15, 2001
On appeal from the judgment of Justice J. Stephen O’Neill, dated October 27, 1999 and November 4, 1999.
A D D E N D U M
[1] We have reviewed the extensive submissions on costs filed by the parties. We see no reason to interfere with the trial judge’s assessment of costs on the many motions. He fixed those costs at $11,143.49 in favour of the respondent.
[2] Despite the variation we have made to the trial judgment, we are satisfied that the respondent is entitled to her costs at trial. Those costs should, however, be on a party-and-party basis throughout. In the interest of bringing this matter to a close, we will fix those costs. Bearing in mind the figures provided to the trial judge, the amount awarded at trial, the amount in issue and the relatively simple nature of the issues involved in the trial, we fix the trial costs at $9,000.00.
[3] The appellants enjoyed substantial success on the appeal. They are entitled to their costs and in the interest of finality, we fix those costs at $4,000.00.
[4] The respondent is therefore entitled to costs of $16,143.49 ($20,143.49 - $4,000.00).
“C.A. Osborne A.C.J.O.”
“Doherty J.A.”
“J.C. MacPherson J.A.”