Costs Endorsement

COURT FILE NO.: CV-12-470309
DATE: 20130621

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 2221 YONGE HOLDINGS INC., Applicant

AND:

INDEPENDENT DENTAL HYGIENE CENTRES INC., Respondent

BEFORE: T. McEwen J.

COUNSEL:
David A. Taub, for the Applicant

Alan S. Price, for the Respondent

HEARD: In writing

costs ENDORSEMENT

[1] The parties have provided me with written submissions concerning the issue of costs stemming from my endorsement dated May 6, 2013.

[2] The applicant was successful at the application and is entitled to its costs. I agree with the applicant that it is entitled to costs on a substantial indemnity basis pursuant to the provisions of section 13.05 of the Lease.

[3] In my view, however, the costs should be somewhat reduced given the fact that the respondent also enjoyed some success at the application.

[4] I am also of the view that the amount spent by the applicant’s counsel and the law clerk is somewhat on the high side.

[5] In the circumstances, I award the applicant costs in the amount of $30,000.00 plus HST for fees and disbursement, inclusive of HST, in the amount of $1,920.46. The award includes the $95.50 dispute concerning conduct money.

[6] Counsel for the applicant also provided me with a draft judgment for approval. If the parties cannot agree on the wording of the judgment the appropriate process would be to make arrangements through my office to deal with the matter in open court.

T. McEwen J.

Date: June 21, 2013