ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 12-53411
BETWEEN:
GRAHAM BURN Plaintiff – and – YASMIN AIKMAN, THE COUNTY OF LANARK and THE TOWNSHIP OF BECKWITH Defendants
Anthony W. Paslat, for the Plaintiff
Mark O. Charron, Lisanne McCullough for the Defendants, The County of Lanark and The Township of Beckwith
HEARD: October 12, 2012
Ruling on COSTS
Maranger j.
1 . This was a motion pursuant to Rule 21 of the Rules of Civil Procedure .
2 . The pertinent facts in this case are that on September 26, 2011 a motor vehicle accident occurred when the plaintiff while traveling westbound on County Road 10 collided with a large cow located on the roadway.
3 . The plaintiff commenced an action against Yasmin Aikman claiming that she was the owner of the cow and that she failed to properly confine the cow. The plaintiff also commenced an action against the County of Lanark and the Township of Beckwith claiming that one or both of them failed to ensure that the owner of the cow properly secured the cow on her privately owned land.
4 . The defendant succeeded in having the action struck. The court received and reviewed written submissions with respect to costs, and I would award costs in favour of the defendant Lanark and Beckwith in the all-inclusive amount of $7500 in doing so I have considered the following factors:
• The defendants won the motion and are entitled to a reasonable amount of costs.
• The motion did not take long to argue and was reasonably uncomplicated. The facts were simple and uncontroverted.
• The relevant factors listed at rule 57.01 (1) of the Rules of Civil Procedure.
• The overarching principle enunciated by the Ontario Court of Appeal in a Zesta Engineering Limited v. Cloutier 2002 25577 (ON CA) , [2002] O.J. no 4495 (C.A.) - that the cost award should reflect more what the court views as fair and reasonable for the unsuccessful party to pay rather than any exact measure of the actual costs of the successful litigant.
5 . Therefore, the plaintiff is ordered to pay costs of the defendant Lanark and Beckwith of $7500 payable forthwith.
The Honourable Mr. Justice Robert L. Maranger
Released: November 13, 2012
COURT FILE NO.: 12-53411
ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: GRAHAM BURN Plaintiff – and – YASMIN AIKMAN, THE COUNTY OF LANARK and THE TOWNSHIP OF BECKWITH Defendants RULING ON COSTS Maranger J.
Released: November 13, 2012