SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-09-00376619
DATE: 20120912

RE: DONNA MOORE

Plaintiff

AND:

CHRY COMMUNITY RADIO INCORPORATED

Defendant

BEFORE: Whitaker, J.

COUNSEL:
P. Summers, for the Plaintiff
P. S. Haynes, for the Defendant

HEARD: March 26 – 29, 2012

Costs Endorsement in Moore and CHRY CV-09-376619

1 . This matter was tried in four days under the Simplified Rules. The action was dismissed. The parties have provided their submissions as to costs.

2 . The defendant seeks costs of $45,874.00 on a substantial indemnity basis and relies on a Rule 49 offer to settle.

3 . The plaintiff suggests that no costs should be ordered and in the alternative, costs should be fixed against the plaintiff for $6000.00.

4 . I accept the submissions of the plaintiff that costs awarded under the Simplified Rules have in a number of cases been significantly lower than under the ordinary provisions and further that this understanding should properly inform the reasonable expectations of the parties. It is appropriate for purposes of determining costs to consider these types of proceedings as occupying a half way house between regular trials and those in the Small Claims Court. (see Gianopolous v. Kranias et al. (2007); and Master Ceramic Flooring Limited v. Tran et al. (2009)).

5 . I also note that the parties were unable to find any reported cases dealing with similar facts. Where the law is unsettled or unclear, costs orders may be otherwise reduced ( Ledyit v. Alford (1985) , 53 O.R. (2d) 311 ).

6 . In the circumstances and having regard to the Rule 49 offer and the factors set out in Rule 57 which should inform the exercise of my discretion to award costs, the defendant is entitled to its costs fixed at $8,000.00 inclusive of taxes and disbursements, payable forthwith.

Whitaker J.