Court File and Parties

Court File No.: CV-11-442557
Date: 20121106
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ROCCA DICKSON ANDREIS INC., ROCCA DICKSON ANDREIS CORP. and ROCCA DICKSON ANDREIS LTD., Plaintiffs/Responding Parties

AND:

UMBERTO ANDREIS ALSO KNOWN AS BERT ANDREIS, Defendant/Moving Party

BEFORE: B.P. O’Marra J.

COUNSEL:
Marco Drudi , for the Plaintiffs/Responding Parties
Stephen F. Gleave and Richelle M. Pollard , for the Defendant/Moving Party

HEARD: Written submissions

Costs ENDORSEMENT

[ 1 ] The Applicant’s motion to dismiss the motion for contempt was unsuccessful. However, the Respondents were ordered to provide clear and concise particulars within 15 days. There was considerable merit to the Applicant’s claim. The materials filed by the Plaintiff in support of the alleged contempt were poorly organized and “reader hostile”.

[ 2 ] Rule 57.01 provides that as to costs the court may consider the following, inter alia , in addition to the result in the proceeding:

(e) the conduct of any party that tended to shorten or lengthen unnecessarily the duration of the proceeding; and

(i) any other matter relevant to the question of costs.

(2) the fact that a party is successful in a proceeding does not prevent the court from awarding costs against the party in a proper case.

[ 3 ] The Plaintiff objects to the number of hours dedicated by the Defendant “to a rather uncomplicated matter involving a two hour motion with very few facts in dispute”. Unfortunately the poor drafting and organization of materials filed by the Plaintiff led to this motion.

[ 4 ] Based on the particular circumstances of this matter I award costs to the Defendant/Applicant in the amount of $7,000 payable within 30 days of this order.

B. P. O’Marra J.

Date: November 6, 2012