Superior Court of Justice – Ontario

Court File No: CV-11-432639
Date: 20120119

RE: Main-Gerrard Community Development Co-Operative Inc.
Applicant

• and -

Fadumo Dualeh
Respondent

BEFORE: The Honourable Mr. Justice Brian P. O’Marra

COUNSEL:
Bruce D. Woodrow,
for the Applicant

Stewart Cruikshank,
for the Respondent

HEARD: Written Submissions

Endorsement as to Costs

B. O’Marra J.:

[ 1 ] The court received written submissions from both parties. The applicant seeks $20,000 costs, all inclusive, on a substantial indemnity basis. The respondent referred to the extreme financial hardship faced by the respondent as well as the settlement negotiations that ultimately foundered on the issue of costs.

[ 2 ] The applicant was successful on the application and costs should follow the event. However, the objective of a determination on costs is to fix an amount that is fair and reasonable rather than an amount reflecting the actual costs of the successful party. Boucher v. Public Accounts Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (Ont. C.A.).

[ 3 ] Costs are set at $10,000 all inclusive. This amount is fair and within the reasonable expectations of the parties and in accord with the principles set out by the Court of Appeal in Boucher .

B. O’MARRA, J.

DATE: January 19, 2012