DIVISIONAL COURT FILE NO.: DC-06-82116

Released: 20091023

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

RE: Centrum Renovations & Repair Inc. (Plaintiff/Respondent)

• and -

Paul Ditta and Cult Iron Works Limited (Defendants/Appellants)

• and -

Centrum Renovations & Repair Inc. and Art Declute (Defendants by Counterclaim/Respondents)

BEFORE: Cunningham A.C.J., Hackland, R.S.J., Taliano, J.

COUNSEL: Maxwell M. Steidman, Q.C., for the Appellants

George F. Vella, for the Respondents

HEARD AT NEWMARKET: March 9, 2009

E N D O R S E M E N T

[1] The Respondents were successful on this appeal and seek costs in the sum of $31,804.58 inclusive. The appellants submit that the costs should be fixed in the sum of $20,000.

[2] By way of background, the respondents were successful following a 9 day trial in obtaining a judgment against the appellants for $128,238.34 plus costs which were fixed in the sum of $80,000.

[3] The appeal was argued over one-half day and was disposed of by a short endorsement dismissing the appeal on the grounds that credibility findings were made by the trial judge in a judgment which amply justified the disposition of the matter and the Reasons did not show any palpable or overriding error.

[4] It is our view that a costs award of $20,000 is fair and reasonable under all of the circumstances and is in keeping with the principle that cost awards must be proportionate to the amount at issue and consistent with the objective of providing access to justice.

[5] Accordingly, the respondents shall have their costs of this appeal fixed in the sum of $20,000 inclusive payable forthwith.

Cunningham A.C.J.

Hackland R.S.J.

Taliano J.

DATE: October 23, 2009