ONTARIO

SUPERIOR COURT OF JUSTICE

Court File No.: 11-51253

Between

KRISTINA PARSONS
Plaintiff/Responding Party

– and –

SABINO ROBERT VENTOLA, VALERIE JANE VENTOLA, THE ESTATE OF GERARD “GERRY” ADAM, deceased, GOLD HAVEN CONSTRUCTION LTD., DONALD WRIGHT, COLDWELL BANKER FIRST OTTAWA REALTY BROKERAGE, ANTHONY BOYLE, and STEWART TITLE GUARANTY COMPANY
Defendants/Moving Parties

Counsel:
Paul A. Webber, Q.C., for the Plaintiff/Responding Party

Andrew McKenna, for the Defendants/Moving Parties, Sabino Robert Ventola and Valerie Jane Ventola

Heard: By Written Submissions

DECISION WITH RESPECT TO COSTS

Power J.

[1] On December 23, 2011, I issued a written decision dismissing the motion brought by Mr. and Mrs. Ventola for summary judgment pursuant to Rule 20 of the Rules of Civil Procedure , R.R.O. 1990, Reg. 194. I concluded my Reasons by inviting written submissions with respect to costs.

[2] Mr. Webber argues that his client was the successful party and, accordingly, costs should be awarded in her favour. He seeks an award in the amount of $9,011.31.

[3] Mr. McKenna submits that notwithstanding that his clients were unsuccessful on the motion, there should be no order with respect to costs or, in the alternative, the award should be one in the cause or, in the further alternative, in any event of the cause. Mr. McKenna submits that his clients acted reasonably in bringing their motion and he points out that the principal authority upon which I relied in support of my decision was a Court of Appeal decision handed down twelve days after the motion was argued. He argues, as well, that the plaintiff was less than diligent in the preparation and delivery of her pleadings.

[4] Mr. McKenna also argues that the fees being sought are excessive – 100% recovery is claimed.

[5] Rule 20.06 provides that “the court may fix and order payment of the costs of a motion for summary judgment by a party on a substantial indemnity basis if, (a) the party acted unreasonably by making or responding to the motion; or (b) the party acted in bad faith for the purpose of delay.” There is no evidence to suggest that Mr. and Mrs. Ventola acted unreasonably nor is there any evidence that they acted in bad faith. Accordingly, I must conclude that if costs are awarded, the award should be on the partial indemnity scale which, in this case, would mean $5,500.

[6] The practice of this Court is to award costs to a successful party on motions made under Rule 20. Therefore, the plaintiff is entitled to an award of costs and to have the costs payable forthwith.

[7] I fix the costs at $5,500 all inclusive.

Power J.

Released: February 24, 2012

COURT FILE NO.: 11-51253

ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: KRISTINA PARSONS Plaintiff/Responding Party – and – SABINO ROBERT VENTOLA, VALERIE JANE VENTOLA, THE ESTATE OF GERARD “GERRY” ADAM, deceased, GOLD HAVEN CONSTRUCTION LTD., DONALD WRIGHT, COLDWELL BANKER FIRST OTTAWA REALTY BROKERAGE, ANTHONY BOYLE, and STEWART TITLE GUARANTY COMPANY Defendants/Moving Parties DECISION WITH RESPECT TO COSTS Power J.

Released: February 24, 2012