Court File and Parties

Court File No.: C-1321-11
Date: 2012-11-05
Superior Court of Justice - Ontario

Re: Dino Favaro and Roxanne Favaro, Plaintiffs

And: Raymond Yaw and Lucie Yaw, Defendants

Before: The Honourable Mr. Justice John S. Poupore

Counsel:
P. Peter Diavolitsis, for the Plaintiffs
Richard Guy, for the Defendants

Heard: Written Submissions

Endorsement on Costs

[1] The defendants, successful parties on a summary judgment motion to dismiss, seek their costs.

[2] The plaintiffs argue that because the court found that the defendants perpetrated a fraud/misrepresentation at the time of the purchase/sale, they ought not to obtain costs.

[3] I am sympathetic to the plaintiffs’ argument. However, this action should not have been commenced as late as it was. Regardless of the defendants’ conduct, this action was barred by the limitation period. Costs therefore flow to the defendants.

[4] No objection was made by the plaintiffs to the quantum of the defendants’ bill of costs. However, the defendants’ claim for partial indemnity costs is inflated.

[5] Given the full indemnity fee is $22,592.50, the partial indemnity fee ought to be 66 percent of that amount, namely $15,060.16. The H.S.T. ought to be calculated on that amount. The disbursements will be allowed at the amount claimed.

Poupore J.

Date: November 5, 2012