Court File and Parties
CITATION: 1401337 Ontario Ltd. v. MacIvor, 2012 ONSC 6868
DIVISIONAL COURT FILE NO.: DC-11-009
DATE: 2012-12-03
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
P.C. Hennessy, C.A. Tucker and D.C. Shaw JJ.
BETWEEN:
1401337 ONTARIO LTD. o/a CKS CONSULTING
Plaintiff (Respondent)
– and –
MACIVOR HARRIS RODDY LLP
Defendant (Appellant)
Counsel:
Derek Zulianello, for the Plaintiff (Respondent)
Michael Harris, for the Defendant (Appellant)
HEARD: Written Submissions
ENDORSEMENT ON COSTS
Hennessy J.
[1] The respondent on appeal was successful and is entitled to costs on a partial indemnity basis. The amount claimed and recovered was $22,000. The respondent claimed costs inclusive of disbursements in the amount of $9,458.72.
[2] The appellant challenges the amount of costs on the basis of proportionality principle and asserts that the amount claimed is much higher than an unsuccessful party could expect to pay.
[3] This appeal did not raise complicated issues and took half a day to argue. Having regard to the factors set out in Rule 57.01 and the submissions of the parties we find that the appropriate amount for costs is $6,000. There shall be costs payable to the respondent in the amount of $6,000 inclusive of H.S.T. and disbursements.
[4] We note that this costs decision is being issued 11 months after the decision on the appeal. This is not the fault of counsel on the matter. It appears that the submissions were filed within the time requested by the court but for some reason have only come to our attention now. We regret this delay.
Hennessy J.
Tucker J.
Shaw J.
Released: December 3, 2012
CITATION: 1401337 ONTARIO LTD. v. MacIvor, 2012 ONSC 6868
DIVISIONAL COURT FILE NO.: DC-11-009
DATE: 2012-12-03
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
D. Shaw, A. Tucker and P.C. Hennessy
BETWEEN:
1401337 ONTARIO LTD. o/a CKS CONSULTING
Plaintiff (Respondent)
– and –
MACIVOR HARRIS RODDY LLP
Defendant (Appellant)
eNDORSEMENT ON cOSTS
Released: December 3, 2012