Court File and Parties

CITATION: Ranger v. Penterman, 2011 ONCA 496

DATE: 20110706

DOCKET: C49077

COURT OF APPEAL FOR ONTARIO

Weiler, Rouleau and Karakatsanis JJ.A.

BETWEEN

Claude Ranger and Claudette Ranger

Plaintiffs (Appellants on Appeal)

and

Louis Penterman and Patricia Penterman (also known as Patricia Leigh McGowan)

Defendants (Respondents on Appeal)

Justin Bertrand, for the appellants

Guy Régimbald, for the respondents

Heard: May 2, 2011

Judgment Released: May 31, 2011

On appeal from the judgment of Justice Michel Charbonneau of the Superior Court of Justice dated June 4, 2008.

COSTS ENDORSEMENT

[1] In allowing this appeal and granting judgment to the appellant, we ordered costs for both the appeal and the trial, subject to submissions by the parties.

[2] With respect to the trial costs, the appellant made two very reasonable Rule 49.11 offers and should therefore be entitled to costs on a substantial indemnity scale subsequent to the date of the first offer. The respondents made no offers to settle. The fact that the respondents were self-represented is not a reason to deny the appellants substantial indemnity costs.

[3] However, in our view, the amount requested is not proportionate to the amount in issue.

[4] The trial costs to the appellants are therefore amended and fixed in the amount of $30,000. The appeal costs awarded shall remain fixed at $15,000.

"Karen M. Weiler J.A."

"Paul Rouleau J.A."

"Karakatsanis J.A."