CITATION: Fazari v. Simpson, 2011 ONSC 6948

BARRIE COURT FILE NO.: 10-1328

DATE: 20111123

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

BETWEEN:

SILVANO FAZARI Appellant

– and –

JAMES CRAIG SIMPSON Respondent

On his own behalf

On his own behalf

HEARD: by written submissions

ON APPEAL FROM THE DECISION OF DEPUTY JUDGE E. SYMONS DATED NOVEMBER 18, 2010

EBERHARD, J.

Reasons for Decision

[1] The appellant homeowner appealed the decision of Deputy Judge E. Symons rendered November 18, 2010 in the amount of $1,520 together with costs of $400 and prejudgment interest from March 16, 2010 at the Courts of Justice Act rate and post-judgment interest also at the Courts of Justice Act rate.

[2] For the reasons set out in paragraph 6 of my reasons, I varied the judgment of the Trial Judge to find that the total price based on work done was $2,080 less the $600 payment for an amount owing of $1,480.

[3] The appeal was granted to set aside the judgment as entered and replace it with judgment for the Plaintiff (Respondent herein) against the Defendant (Appellant herein), Silvano Fazari, in the amount of $1,480, costs of $400.00, prejudgment interest from March 16, 2010 at the Courts of Justice Act rate and post-judgment interest at the Courts of Justice Act rate.

[4] The parties were permitted to deliver written costs submissions of no more than one page to the S.C.J. judicial secretaries by November 1, 2011.

[5] I have reviewed the costs submission of the Appellant based on his assertion that he won the appeal. He did not. He is wily enough to realize that. He is not entitled to costs.

[6] I have reviewed the costs submission of the successful Respondent. He is entitled to costs related to the appeal but no additional expenses relating to the job.

[7] Having in mind the cost principles in the Small Claims environment, I fix costs of the Appeal in favour of Mr. Simpson at $800.

EBERHARD, J.

Released: November 23, 2011