ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CV-09-0534

DATE: 20130419

BETWEEN:

GARY GRANT

Plaintiff/Responding Party

– and –

THE TOWN OF COLLINGWOOD

Defendant/Moving Party

G. Grant, Self-Represented (Moving Party Cross Motion)

P. Harrington, for the Defendant/Moving Party (Responding Party Cross Motion)

HEARD: By written submissions

COSTS ENDORSEMENT

DiTOMASO J.

[1] The Town was successful in having Mr. Grant’s amended statement of claim struck and dismissing his action. The Town was also successful in dismissing Mr. Grant’s cross-motion.

[2] My Reasons for Decision were delivered on March 21, 2013. The parties agreed to have the issue of costs determined by written submissions. In my reasons I gave directions in this regard. Counsel for the Town complied and provided written submissions. Mr. Grant did not.

[3] As the successful party, the Town seeks costs in the amount of $10,347.28 all inclusive on a partial indemnity scale.

[4] As the Town was entirely successful on both motions, costs follow the event. The Town is entitled to costs on a partial indemnity scale.

[5] As for quantum, I have considered all Rule 57.01 factors which factors are supportive of the Town’s claims for costs.

[6] I have also considered the time spent and hours charged regarding the motion and find both fair and reasonable. The time spent was proportionate to the importance of the issues in this proceeding which included a motion to strike for lack of standing and a cross-motion to amend intended to address the issue of standing.

[7] Mr. Grant has been involved in multiple court proceedings opposite his business partner. On two prior occasions, he was ordered to pay costs of significant amount where he was wholly or partially unsuccessful. I find the amount requested by the Town should have been within Mr. Grant’s reasonable expectation regarding both motions and particularly regarding his response to the Town’s motion with his own cross-motion.

[8] I consider the Town’s claim for costs fair, reasonable and proportionate in all the circumstances. I fix costs in the amount of $10,000 all inclusive payable by Mr. Grant to the Town within 30 days.

DiTOMASO J.

Released: April 19, 2013