Court of Appeal for Ontario

Date: 2019-03-07 Docket: C64761

Judges: Strathy C.J.O., Lauwers and Zarnett JJ.A.

Between

Simon Lam Plaintiff (Appellant)

and

The University of Western Ontario Board of Governors Defendant (Respondent)

Counsel

For the Appellant: Selwyn A. Pieters and Christopher Stienburg

For the Respondent: Sarah Jones

Hearing and Appeal

Heard: December 17, 2018

On appeal from: The judgment of Justice Markus Koehnen of the Superior Court of Justice, dated November 22, 2017, with reasons reported at 2017 ONSC 6933.

Costs Endorsement

[1] On February 6, 2019 we released reasons for decision allowing the appeal from a summary judgment which had dismissed the appellant's action against the respondent University. We substituted an order dismissing the University's summary judgment motion, and directed the matter proceed to trial. We awarded costs of the appeal to the appellant, and invited submissions on costs of the summary judgment motion itself.

[2] The motion judge, who had granted summary judgment, declined to grant costs to the University although it had been the successful party before him. The appeal having been allowed, the appellant asks for costs of the motion on a partial indemnity scale in the amount of $40,669.71 inclusive of disbursements and HST. The University did not challenge the appellant's entitlement to costs. It disagrees with the quantum requested, and submits costs should be limited to $15,480.45, also inclusive of disbursements and HST.

[3] In our view, having reviewed the costs submissions of both parties, a reasonable award of costs of the summary judgment motion to the appellant would be the sum of $22,500 inclusive of disbursements and HST.

"G.R. Strathy C.J.O."

"P. Lauwers J.A."

"B. Zarnett J.A."