SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 12-131 SR
DATE: 20121105

RE: HAROLD GEORGE ELDERS

Plaintiff

and

MUNICIPAL PROPERTY ASSESSMENT CORPORATION

Defendant

and

MUNICIPALITY OF WEST GREY

BEFORE: Harold George Elders, in person

COUNSEL:
Carl B. Davis, for the Defendant, MPAC
Stephen T. Brogden, for the Defendant, Municipality of West Grey

ENDORSEMENT RE COSTS

[ 1 ] The Defendant, Municipality of West Grey (“West Grey”), brought a motion to have the Plaintiff’s action dismissed on the ground that the Court lacked jurisdiction. The Motion was heard in Owen Sound on October 5, 2012. The Court reserved its decision. By Endorsement dated October 11, 2012, the motion was granted and the action was dismissed.

[ 2 ] The Plaintiff, Mr. Elders, and the Defendant, Municipal Property Assessment Corporation (“MPAC”), have settled the issue of costs in that Mr. Elders shall pay to MPAC costs in the total amount of $557.08. So ordered.

[ 3 ] Unable to reach an agreement, West Grey and Mr. Elders filed written submissions on costs. On a full indemnity basis, West Grey’s costs on the motion are $6,785.83 total. West Grey seeks costs on a partial indemnity basis in the total amount of $3,886.39.

[ 4 ] Mr. Elders submits that West Grey should not be awarded any costs or, in the alternative, costs in the range of $557.08 (the amount payable to MPAC).

[ 5 ] The principal position of Mr. Elders is unsound. As the successful moving party, West Grey must be awarded costs at least equal to that payable to MPAC.

[ 6 ] There is nothing excessive or unreasonable in the Bill of Costs filed by West Grey. The Municipality and its taxpayers are clearly entitled to costs having regard to the factors outlined in Rule 57.01(1) of the Rules of Civil Procedure .

[ 7 ] Quantum of costs is largely a discretionary matter. The overriding principle is to make an award that is just and reasonable in all of the circumstances and in accordance with the expectations of the litigants, especially Mr. Elders.

[ 8 ] Mr. Elders was pointed, succinct and professional in his written and oral submissions on the motion. He conducted himself well as a self-represented party.

[ 9 ] I am electing to exercise some discretion to award costs in an amount lower than the partial indemnity figure requested by West Grey ($3,886.39).

[ 10 ] This Court orders that Mr. Elders shall pay to West Grey costs in the total all-inclusive amount of $2,500.00.

Conlan J.

DATE: November 5, 2012

COURT FILE NO.: 12-131 SR

DATE: 20121105

SUPERIOR COURT OF JUSTICE - ONTARIO RE: HAROLD GEORGE ELDERS and MUNICIPAL PROPERTY ASSESSMENT CORPORATION And MUNICIPALITY OF WEST GREY BEFORE: CONLAN J. COUNSEL: Harold George Elders, in person Carl B. Davis, for the defendant, MPAC Stephen T. Brogden, for the Defendant, Municipality of West Grey ENDORSEMENT RE COSTS Conlan J.

DATE: November 5, 2012