COURT FILE AND PARTIES

COURT FILE NO.: C-295-11
DATE: 2012-03-23
SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Amtim Capital Inc., Plaintiff

and

Appliance Recycling Centers of America, Defendant

BEFORE: The Honourable Mr. Justice D.J. Gordon

COUNSEL:
R. Craigen, for the Plaintiff
T. McRae, for the Defendant

HEARD: January 23 & 26, 2012

SUPPLEMENTARY ENDORSEMENT RE: costs

[ 1 ] In my endorsement, released February 21, 2012, I invited written submissions on the issue of costs.

[ 2 ] The defendant’s motion for a dismissal of the action on the basis of “forum nonconviens” was dismissed. Accordingly, the plaintiff seeks a cost award.

[ 3 ] Counsel agree the plaintiff is entitled to partial indemnity costs. They disagree on quantum. Mr. Craigen requests an award of $25,000 plus disbursements and HST. Mr. McRae says that amount is excessive. He proposes $15,000, inclusive.

[ 4 ] The docketed time provided with the costs outline, in my view, exceeds what was necessary for this motion. Indeed, the proposal by Mr. McRae is more than what I would have assessed. Nevertheless, I accept his submission.

[ 5 ] Accordingly, the plaintiff is awarded its costs for the motion, fixed in the amount of $15,000.00, inclusive of disbursements and HST.

D.J. Gordon J.

Released: March 23, 2012