Court File and Parties

COURT FILE NO.: 006/08 07-CV-332428 PD3

DATE: 20080502

SUPERIOR COURT OF JUSTICE - ONTARIO DIVISIONAL COURT

RE: ROCCHETTA MARIE CIRONE, PLAINTIFF AND: PARK LAWN COMPANY LIMITED, DEFENDANT

BEFORE: Justice Romain Pitt

COUNSEL: Bradley Phillips, for the Plaintiff Frederick W. Chenoweth, for the Defendant

HEARD: February 8, 2008

ENDORSEMENT RE COSTS

Pitt J.

[1] I have read and considered the submissions of the parties, and I have taken into account the factors set out in Rule 57.01 of the Rules of Civil Procedure, R.R.0. 1990, Reg. 194.

[2] I am required to award costs that are reasonable and fair. See Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 14579 (ON CA), 71 O.R. (3d) 291 (C.A.).

[3] The defendant, as the successful party, is entitled to its costs on a partial indemnity scale.

[4] The defendant’s request for $3,661.90 is not unreasonable and is therefore granted. However, in the circumstances, I grant the plaintiff 60 days to satisfy the costs award.

Pitt J.

DATE: May 2, 2008