ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 07-33669
DATE: 2013-08-29
B E T W E E N:
TARION WARRANTY CORPORATION
Andrea M. Hill, for the Plaintiff
Plaintiff
- and -
NEW MILLENNIUM HOMES INC., FREDERICK WILLIAM SPENCER and LISA SPENCER
Graydon Sheppard, for the Defendant Frederick William Spencer
Chris Argiropoulos, for the Defendant Lisa Spencer
New Millennium Homes, Not Represented
Defendants
HEARD: May 14, 15, 16 and 17, 2013
PARAYESKI, J.
COSTS RULING
[1] This is my ruling on costs following the trial of this action and my request for submissions on the issue made through my reserved decision released on July 8th, 2013. It is conceded by the defendant Frederick William Spencer that the plaintiff’s offer to settle of April 25th, 2013 entitles it to substantial indemnity costs from that date forward. I have received no cost submissions whatsoever on behalf of the defendant Lisa Spencer.
[2] The defendant new Millennium Homes Inc. did not participate in the trial. It appears to have been dissolved for lack of filings with the Ministry. The plaintiff asks for $74,612.14 all inclusive and the defendant Frederick William Spencer submits that $60,000 all inclusive would be more in keeping with the Ontario Court of Appeal’s observation in Zesta Engineering Ltd. v. Cloutier, as reported at 2002 25577 (ON CA), 2002 Carswell Ont. 4020, that “A costs award should reflect more what the court views as a fair and reasonable amount that should be paid by the unsuccessful parties rather than an exact measure of the actual costs to the successful defendant.”
[3] I agree with the submissions of the plaintiff that the defendants who did participate in the trial did not formally concede a number of issues until the end of the trial of itself, thus prolonging the trial and making necessary the calling of the witnesses who were unnecessary in hindsight.
[4] On balance, I think it appropriate that the defendants Frederick William Spencer and Lisa Spender be ordered to pay the plaintiff its costs fixed at $65,000 all inclusive.
Parayeski, J.
Released: August 29, 2013
COURT FILE NO.: 07-33669
DATE: 2013-08-29
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
TARION WARRANTY CORPORATION
Plaintiff
- and –
NEW MILLENNIUM HOMES INC., FREDERICK WILLIAM SPENCER and LISA SPENCER
Defendants
COSTS RULING
PARAYESKI, J.
MDP:mw
Released: August 29, 2013