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

1On 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.

2Costs 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.

3The 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.

4The 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.

5The 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.