Superior Court of Justice – Ontario

(COMMERCIAL LIST)

Court File No.: CV-12-9931-00CL
Date: 2013-03-15

In the Matter of

IN THE MATER OF THE BANKRUPTCY AND INSOLVENCY ACT, R.S.C. 1985, c. B-3, AS AMENDED and SECTION 101 OF THE COURTS OF JUSTICE ACT, R.S.O. 1990, c.C.43 AS AMENDED

Between

LOCK-BLOCK CANADA LTD. and JAMES DREW, Applicants

• and -

DNM LOCK-BLOCK LTD. and DAVID MOASE, Respondents

Before: C.L. CAMPBELL

Counsel:
John P. Ormston, for the Applicants
Bruce C. Robertson, for the Respondents

Heard: In Writing

Endorsement

[1] I have reviewed the written costs submissions of counsel.

[2] I accept that where the application was in aid of the recovery of an enforceable contractual obligation on the part of the respondent to pay all the costs of the applicant including interest that the applicant is prima facie entitled to those costs (see Shivkumar v. Ottawa Prestige Properties Ltd., (2008) Carswell Ont. 3226).

[3] I also accept the statement of Brown J. in CIBC World Markets Inc. v. Burgess [2009], O.J. No. 2511 that “nevertheless, at the end of the day the appropriate award of costs remain in the discretion of the Court taking into account the factors set out in rule 57.01”.

[4] I am not aided by the written submission on behalf of the respondent that it be awarded costs on a substantial indemnity basis.

[5] The order of Morawetz J. referred to in paragraph 14 of the Respondents’ Submission was one made on consent and had no mention of the costs of the application which were specifically reserved in paragraph 5 of the same order.

[6] Our system of costs awards has become in many instances more adversarial than the dispute itself and simply adds to the cost of litigation and the time of judges to deal with it.

[7] I will fix costs to the applicants but in order to fulfill the requirements of reviewing rule 51.01 factors I ask that a full bill of costs or dockets be provided for my review and ultimate disposition.

C.L. CAMPBELL

Date: March 15, 2013