SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 11-991-OT
DATE: 20120822

RE: ADAM SELWOOD and SUZANNE SELWOOD, Plaintiffs

AND:

THE CORPORATION OF THE CITY OF BARRIE, Defendant

BEFORE: M.P. EBERHARD, J.

COUNSEL:
D. Czutrin Counsel, for the Plaintiff
S. Zacharias Counsel, for the Defendant

COSTS ENDORSEMENT

[ 1 ] On July 10, 2012 I released reasons. The Plaintiffs’ motions were dismissed.

[ 2 ] I directed that the “Defendant may forward costs submissions of no more than 2 pages and a Bill of Costs to the judicial secretaries by July 20. The Plaintiff may respond with no more than 2 pages by July 27. The Defendant may reply by August 1.”

[ 3 ] I turn to the written submissions filed by the Defendant. It is August 21, 2012 and no submissions were received from the Plaintiff.

[ 4 ] The Defendant claims partial indemnity costs of $3,779.69 per the costs outline and $4,000 for the bill of costs which represents costs on the motion and the action respectively. The calculation of partial indemnity is standard and no glaring overreaching suggests itself. I am fixing, not assessing costs. Unchallenged, they are what they are.

[ 5 ] Order to go fixing costs in favour of the Defendant City of Barrie at $7,500.

EBERHARD J.

Date: August 22, 2012