Court of Appeal for Ontario

Date: 2017-05-31 Docket: C62807

Judges: Weiler, Pardu and Roberts JJ.A.

Between

Sutherland Lofts Inc. Applicant (Respondent in Appeal)

and

Chris Peck, Chief Building Official for the Corporation of the City of St. Thomas, and The Corporation of the City of St. Thomas Respondents (Appellants)

Counsel

Tom Halinski and David Neligan, for the appellants

Valerie M'Garry, for the respondent

Costs Endorsement

[1] For reasons released on May 8, 2017, we allowed the appeal, dismissed the cross-appeal, and invited the parties to make written costs submissions, which we have now received and reviewed.

[2] The appellants seek their partial indemnity costs in the amount of $38,105.67, including disbursements and applicable HST.

[3] The respondent takes no issue with the quantum of the appellants' costs; indeed its costs of $35,562.18 are comparable. However, the respondent submits that there should be no award as to costs or, alternatively, that costs of the appeal and cross-appeal should be left to the application judge hearing the remitted application or be awarded in the cause.

[4] In our view, we see no reason to depart from the ordinary practice that the successful party on appeal be awarded its reasonable, fair and proportionate partial indemnity costs. This appeal was not moot and was of considerable importance to the parties, and the cross-appeal was dismissed.

[5] As a result, costs are to the appellants in the amount of $38,105.67, including disbursements and HST.

K.M. Weiler J.A.

G. Pardu J.A.

L.B. Roberts J.A.