ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 12-55048
DATE: 2013-05-30
BETWEEN:
Tancho-Defyrus (GP) Inc.
Plaintiff/Responding Party
– and –
David Masotti and DFM Consulting Inc.
Defendants/Moving Parties
K. Scott McLean, for the Plaintiff/Responding Party
Matthew P. Gottlieb/James Renihan, for the Defendants/Moving Parties
HEARD: By written submissions
ruling REGARDING QUANTUM of COSTS
R. Smith J.
Overview
[1] The main issue on this motion was the defendants’ motion to completely strike the plaintiff’s statement of claim. The plaintiff was successful on the major issue however the defendants were also successful in obtaining an order striking a number of the remedies sought, as well as striking the declaration for a breach of contract. The defendants were also successful in obtaining an order dismissing the plaintiff’s motion to dismiss then motion as an abuse of process; however, this was a minor part of the motion.
Factors
[2] The factors to be considered when fixing costs are set out in Rule 57 of the Rules of Civil Procedure and include in addition to success, the amount claimed and recovered, the complexity and importance of the matter, unreasonable conduct of any party which unduly lengthened the proceeding, scale of costs and any offer to settle, the principle of indemnity, hourly rate claimed the time spent and the principle of proportionality, and the amount that a losing party would reasonably expect to pay.
Success
[3] In this case the plaintiff was substantially successful, but will be entitled to an amount of costs which will be reduced due to the divided success.
Bill of Costs
[4] The plaintiff shall make submissions on the quantum of costs sought together with a Bill of Costs within 10 days, and the defendants shall have 10 days to make submissions on the quantum of costs and the plaintiff shall have 10 days to reply.
R. Smith J.
Released: May 30, 2013
COURT FILE NO.: 12-55048
DATE: 2013-05-30
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Tancho-Defyrus (GP) Inc.
Plaintiff/Responding Party
– and –
David Masotti and DFM Consulting Inc.
Defendants/Moving Parties
RULING REGARDING QUANTUM OF COSTS
R. Smith J.
Released: May 30, 2013