SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO: CV-12-462892
DATE: 20130725

RE: Rocchino Tatangelo

Applicant

• and -

Tatangelo’s Wholesale Fruits & Vegetables Ltd., J.D. Tatangelo Enterprises Inc., John Tatangelo and Frank d’Angelo

Respondents

BEFORE: The Honourable Mr. Justice Kevin Whitaker

COUNSEL:
David S. Wilson,
for the Applicant

Gregory M. Sidlofsky,
for the Respondent John Tatangelo

Frank D’Angelo,
Self-Represented

HEARD: Written Submissions

C O S T S

E N D O R S E M E N T

[1] I have reviewed the costs outlines provided by counsel.

[2] I have considered the factors set out in Rule 57 that should govern my discretion to award costs.

[3] This matter was not factually or legally complex but was of significant importance to the litigants.

[4] I am particularly mindful that costs awarded be proportionate to the circumstances of the dispute and within the reasonable expectations of the unsuccessful party.

[5] The respondent, John Tatangelo, was more successful than the applicant.

[6] John Tatangelo is entitled to his costs inclusive of taxes and disbursements fixed at 30,000.00, half of which is payable by the applicant forthwith and the remaining half payable on the sale of the property.

[7] Order accordingly.

Whitaker J.

DATE: July 25, 2013