Court File and Parties

CITATION: Delic v. Henley Group Ltd., 2025 ONSC 2496

DIVISIONAL COURT FILE NO.: DC-24-00000763-0000

DATE: 2025-04-24

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Andrew Delic, Appellant

AND: Henley Group Ltd., Respondent

BEFORE: Shore J.

COUNSEL: Self-represented, Appellant David Dunnet, for the Respondent Nicola Mulima, for Tribunals Ontario

HEARD at Toronto: April 24, 2025, in writing

DECISION ON COSTS

[1] On March 27, 2024, I released my decision on the Landlord’s motion (the “Decision”). This is a decision on costs of that motion.

[2] The Landlord, Henley Group Ltd., was successful on their motion for an order dismissing the Tenant's appeal as frivolous, vexatious, and an abuse of the court process, under r. 2.1.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg 194.

[3] In my Decision, I found that the Landlord was entitled to their costs as the successful party on the motion, and I provided the parties with an opportunity to make submissions on the quantum of costs within 10 days. I have received cost submissions from the Landlord, but not from the Tenant. Given the passage of time, I will decide costs on the submissions filed.

[4] The Landlord incurred costs of approximately $13,827 and is seeking costs on a substantial indemnity basis in the sum of $10,746, inclusive.

[5] These reasons should be read in conjunction with the Decision, wherein I found that the appeal was manifestly devoid of merit, the Tenant had not paid rent since March 2024, and had not made any payments towards his arrears. I concluded that the Tenant issued his appeal solely for the purpose of remaining in the premises without paying rent.

[6] I have considered the factors set out in r.57.01, including the reasons set out in the Decision, the absence of offers to settle, the experience of the lawyers, the rates charged, the time spent on the file, the expectation of the Tenant regarding the legal fees incurred, the conduct of the parties, and the lengthening of proceedings by the Tenant.

[7] I find it fair and reasonable in these circumstances to order costs payable by the Tenant to the Landlord in the sum of $8,500.00 inclusive.

“Shore J.”

Date: April 24, 2025