Court File and Parties

Citation: Welch v. Quast, 2021 ONSC 5531 Divisional Court File No.: 114/21 Date: 2021-08-12

Superior Court of Justice – Ontario Divisional Court

Re: Peter Welch aka Pierre Welch, Plaintiff/Respondent And: Charlie Quast, Defendant/Appellant

Before: Tranquilli J.

Counsel: David B. Williams, for the Appellant David M. Sanders, for the Respondent

Endorsement on Costs

[1] I allowed the appellant’s appeal by my endorsement of July 20, 2021. Both parties filed bills of costs and cost outlines at the hearing. I invited additional submissions from the parties on fixing the costs of the appeal if they were unable to agree on the issue.

[2] The appellant seeks fees of $3,500 inclusive of HST plus disbursements of $5,954.44 to indemnify him for the cost of ordering the trial transcripts, for a total costs award of $9,454.44. The appellant notes his actual costs are $42,781.37. The respondent acknowledges the appellant is entitled to his costs of the appeal. However, he submits that fees of $2,500 and disbursements of $3,500 are appropriate, for a total of $6,000 in costs.

[3] The appellant is entitled to his costs of this appeal. I am given to understand the parties are still to resolve costs of the small claims trial; however, that is not before me. The parties are not far apart in their proposals on costs. I can see nothing unreasonable in the bills of costs and take note of the appellant’s actual costs. In the circumstances, I fix the costs of this appeal at $8,500 inclusive of disbursements and HST, payable by the respondent to the appellant.

Tranquilli J.

Date: August 12, 2021