SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO: CV-12-462883
DATE: 20130125

RE: 7984987 Canada Incorporated

Applicant

• and -

Lixo Investments Ltd.

Respondent

BEFORE: The Honourable Mr. Justice Robert F. Goldstein

COUNSEL:
Jayson W. Thomas,
for the Applicant

Susan Zakaryan,
for the Respondent

HEARD: Written submissions

E N D O R S E M E N T

AS TO COSTS

[1] On September 27 2012 I dismissed the Applicant’s application for relief from forfeiture and invited the parties to make costs submissions in writing: 7984987 Canada Inc. v. Lixo Investments Ltd., [2012] O.J. No. 4519 2012 ONSC 5439.

[2] Costs are within the discretion of the Court: Courts of Justice Act, s. 131(1). Rule 57.01(1) sets out the factors that the Court may consider in awarding costs. The over-arching principle is that the Court should fix an amount that is fair and reasonable: Boucher v. Public Accountants Council for Ontario, 2004 14579 (Ont.C.A.), 71 O.R. (3d) 291, [2004] O.J. No. 2634 (C.A.). A successful party is entitled to costs unless there are very good reasons not to award such costs: Schreiber v. Mulroney, 2007 31754 (ON SC), [2007] O.J. No. 3191 (Sup.Ct.) at para. 2.

[3] The parties are in agreement that costs should be paid to the Respondent. The Respondent does not suggest that it is appropriate to award substantial indemnity costs and I agree.

[4] The Respondent suggests that based on the complexity of the matter and the experience of the parties, partial indemnity costs in the amount of $3,635.86 inclusive of HST and disbursements ought to be payable. The Applicant arrives at a lower figure of $2,750.73. The two amounts are obviously very close.

[5] The matter was not particularly complex. More junior counsel attended for the Respondent although senior counsel was involved in the file, as one would expect on a matter of this nature. In my view, costs of $3,200.00 are fair and reasonable in the circumstances. The Applicant will have 30 days to pay.

GOLDSTEIN, J.

DATE: January 25, 2013