ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N :
PAUL P. MAZZE
Plaintiff
– and –
DAY & ROSS INC.
Defendant
Micheal Simaan
for the Plaintiff
John Mastoras and Jordan D. Winch
for the Defendant
SUPPLEMENTARY REASONS ON COSTS
1After a trial, judgment was rendered in favour of the plaintiff for the all-inclusive sum of $543,927.78 plus interest, and costs in the amount of $77,757.91. At the time the judgment was issued, the court was not aware that the plaintiff had made a formal offer to settle the action pursuant to rule 49.01(1), as follows:
Our client is prepared to accept the sum of $528,000.00 plus interest and costs on a partial indemnity scale as a full and final settlement of this action. This offer is a formal offer to settle under the Rules and shall remain open until one minute following the commencement of the trial of this action.
2I agree with the plaintiff that the judgment was more favourable than the terms of the offer to settle. The plaintiff is therefore entitled to his costs on a substantial indemnity scale from the date of the offer, being May 13, 2013, to the date of the judgment.
3This would create an increased cost entitlement in favour of the plaintiff in the sum of $17,530.50 plus H.S.T.
4Accordingly, the costs award to the plaintiff shall be in the all-inclusive sum of $97,567.38 and the judgment is amended accordingly.
CHAPNIK J.
DATE: August 1, 2013