Superior Court of Justice - Ontario

COURT FILE NO.: 09-46742
DATE: 2012/11/16

RE: The Corporation of the Township of Horton, Plaintiff/Defendant by Counterclaim

AND

Ontario Municipal Insurance Exchange, Defendant/Plaintiff by Counterclaim

BEFORE: Mr. Justice Peter Annis

COUNSEL:
Charles M. Loopstra, for the Plaintiff/Defendant by Counterclaim

Keith A. MacLaren, for the Defendant/Plaintiff by Counterclaim

HEARD: By written submissions

COSTS ENDORSEMENT

[ 1 ] By my order dated September 21, 2012, I dismissed the defendant’s motion for summary judgment with costs to the plaintiff. At that time, costs outlines were provided by counsel for the parties to wit: the plaintiff, $17,234.66 plus HST; the defendant, $19,320.27 inclusive of HST.

[ 2 ] Subsequent to receiving the costs outlines premised on each of each party’s hope of being successful, the defendant filed submissions arguing that the plaintiff should only receive $6,795.00 in costs to successfully defend the motion.

[ 3 ] I am satisfied on the basis of the factors described in sub rule 57.01(1) and in terms of the test of proportionality that the plaintiff is entitled to its partial indemnity costs as claimed, particularly inasmuch as they are exceeded by those originally sought by the defendant when it harboured a more sanguine outlook on the outcome.

[ 4 ] It is ordered that the defendant pay the plaintiff $17,234.66 plus HST as costs.

Annis J.

Date: November 16, 2012

COURT FILE NO.: 09-46742

DATE: 2012/11/16

ONTARIO SUPERIOR COURT OF JUSTICE RE: The Corporation of the Township of Horton, Plaintiff/Defendant by Counterclaim AND Ontario Municipal Insurance Exchange, Defendant/Plaintiff by Counterclaim BEFORE: Mr. Justice Peter Annis COUNSEL: Charles M. Loopstra, for the Plaintiff/Defendant by Counterclaim Keith A. MacLaren, for the Defendant/Plaintiff by Counterclaim COSTS ENDORSEMENT Annis J.

Released: November 16, 2012