ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CV-11-435840

DATE: 20130801

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

CHAPNIK J.:

[1] After 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.

[2] I 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.

[3] This would create an increased cost entitlement in favour of the plaintiff in the sum of $17,530.50 plus H.S.T.

[4] Accordingly, 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