Court File and Parties

CITATION: Willis v. Veeravagupillai, 2013 ONSC 6542

COURT FILE NO.: DC-12-0081-00

DATE: 20131023

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Peta-Gaye Willis, Appellant

AND:

Jenani Veeravagupillai, Respondent

BEFORE: Lemon, J.

COUNSEL: Bruce Baron, for the Appellant

Douglas Levitt, for the Respondent

COSTS ENDORSEMENT

[1] On September 6, 2013, I rendered my endorsement with respect to the motions brought by both parties in this matter. I am now requested to resolve the issue of costs.

[2] The appellant submits that she was the successful party, and should be given costs in the amount of $20,050.64. The respondent submits that she was successful, and is entitled to costs of $12,674.61.

[3] The issues related to whether the appellant was a tenant who had failed to pay rent to the respondent or whether the respondent and others had improperly defrauded the appellant of her home. In essence, the appellant wished to remain in the home until pending legal issues could be completed and the respondent sought to have the appellant removed from the home because she had not paid rent since July of 2012.

[4] As a result of my ruling, the appellant remains in the home so long as she moves expeditiously with her action and continues to pay rent. The respondent is now getting rent. In my view, both sides have been successful in obtaining what they were after. In that circumstance, I decline to make any costs order.

Lemon, J.

Date: October 23, 2013