Court File and Parties
Court File No.: C-107-09
Date: 2012-07-13
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Stahle Construction Inc., Plaintiff
AND:
Peter Glogowski, Defendant
BEFORE: The Honourable Mr. Justice D. A. Broad
COUNSEL:
Timothy C. Flannery, for the Plaintiff
Cynthia Davis, for the Defendant
Costs ENDORSEMENT
1The parties have each made written submissions with respect to the costs of the action and the Motions, following release of my Endorsement of June 11, 2012 granting the Defendant’s motion for summary judgment dismissing the action and dismissing the Plaintiff’s motion to amend the pleadings.
2The Defendant references two Offers to Settle dated July 11, 2011 and April 27, 2012 in support of an argument for partial indemnity costs to the close of pleadings and substantial indemnity costs thereafter.
3It is a feature of Rule 49.10(2) that a defendant’s Offer to Settle, unlike a plaintiff’s offer, does not give rise to entitlement to substantial indemnity costs, but only partial indemnity costs. Moreover, in this case, the Offers to Settle of the Defendant did not contain an element of compromise sufficient to justify the exercise of a discretion in favour of an award of substantial indemnity costs.
4The Defendant’s partial indemnity costs are $13,011.30 in respect of fees (not including HST) and disbursements of $ 1,150.18 including HST. Some of the disbursements appear to be not assessable under the tariff (such as Quicklaw, fax, courier/postage and corporate searches). On balance I would fix the Defendant’s costs of the action and the motion, payable by the Plaintiff in the sum of $14,500.00 inclusive of fees, disbursements and HST.
D. A. Broad J.
Date: July 13, 2012