ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: 5435/06
DATE: 2013/01/04

BETWEEN:

WENDY EVANS

M. A. Hoy, for the Plaintiff

Plaintiff

• and -

COMPLEX SERVICES INC.

M. J. Bonomi, for the Defendant

Defendant

The Hon. Mr. Justice Kent

COSTS ENDORSEMENT

[1] The plaintiff, who was dismissed by the defendant without cause, obtained judgment awarding her damages. Although the claim was commenced using ordinary procedure and rules, the damages award was well within the ambit of the Simplified Procedure rules. The quantum of damages was only slightly more than the maximum permitted in a Small Claims Court action.

[2] Even so, the commencement of the claim by ordinary procedure was not unreasonable, given that the plaintiff was pursuing, inter alia, a claim for bad faith damages.

[3] The plaintiff was not successful in her claim for bad faith damages. The evidence that she adduced was found by the court to establish inappropriate conduct that fell short of bad faith conduct.

[4] Counsel for the defendant points out that the damages award obtained by the plaintiff is not very significantly more than the rule 49 offer of the defendant. Nevertheless, the plaintiff had a modest success and should not be deprived of costs. A partial indemnity claim for costs in the amount of $43,700 for less and $2,253.66 for disbursement, however, is excessive and disproportionate. The plaintiff’s judgment is for $30,360.20.

[5] For the above reasons, costs are awarded to the plaintiff, payable by the defendant, fixed in the amount of $17,500 inclusive of disbursements and exclusive of HST.

KENT, J.

Released: January 4, 2013

COURT FILE NO.: 5435/06
DATE: 2013/01/04

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:

WENDY EVANS

Plaintiff

• and -

COMPLEX SERVICES INC.

Defendant

REASONS FOR JUDGMENT

KENT, J.

Released: January 4, 2013