COURT FILE NO.: 47/02
DATE: 20040513
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
O’DRISCOLL, MACFARLAND AND MATLOW JJ.
B E T W E E N:
TUAN JUHARY Plaintiff (Appellant)
- and -
RICHTREE MARKETS INC. Defendant (Respondent)
Bram A. Lecker, for the Appellant (Plaintiff)
Marsha Lindsay, for the Respondent (Defendant)
HEARD: May 13, 2004
ORAL REASONS FOR JUDGMENT
O’DRISCOLL J.: (Orally)
[1] On the cross appeal as to costs, the defendant, on August 28, 2001, made an offer within rule 49.01 offering one month’s salary to the plaintiff. The plaintiff did not accept the offer.
[2] Looking at the totality of the matter, we have not been made aware of any reason why the successful party should be denied its costs and we allow the cross-appeal.
[3] We have heard submissions regarding costs at trial, costs on the appeal and costs on the cross-appeal. We fix costs at trial, on the appeal and on the cross-appeal at $10,000.00, all inclusive, payable forthwith by the appellant/plaintiff to the respondent/defendant. We bear in mind that the statement of claim sought $25,000.00 for wrongful dismissal under the Simplified Procedure Rule. We also bear in mind what must have been the reasonable, realistic expectations of the parties in this case.
O’DRISCOLL J.
MACFARLAND J.
MATLOW J.
Date of Reasons for Judgment: May 13, 2004
Date of Release: May 27, 2004
COURT FILE NO.: 47/02
DATE: 20040513
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
O’DRISCOLL, MACFARLAND AND MATLOW JJ.
B E T W E E N:
TUAN JUHARY Plaintiff (Appellant)
- and -
RICHTREE MARKETS INC. Defendant (Respondent)
ORAL REASONS FOR JUDGMENT
O’DRISCOLL J.
Date of Reasons for Judgment: May 13, 2004
Date of Release: May 27, 2004