SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO: CV-09-392989
DATE: 20131028

RE: Les Fibres J.C. Inc. / J.C. Fibers Inc.

Plaintiff/Moving Party

• and -

OGO Fibers Inc.

Defendant/Respondent

BEFORE: The Honourable Madam Justice Wendy M. Matheson

COUNSEL:
Harjaap Mann, for the Plaintiff/Moving Party
Ken MacDonald, for the Defendant/Respondent

HEARD: Written Submissions

COSTS ENDORSEMENT

[1] This endorsement addresses the costs of the plaintiff’s motion to set aside an order of the Registrar dated April 3, 2013, dismissing this action for delay. The motion was granted by decision released September 9, 2013.

[2] The plaintiff was the successful party on this motion and should have its costs. It seeks its total costs of $3,647 plus a punitive amount because the conduct of the defendant provoked the dismissal that has now been set aside, and meant that the plaintiff had to bring this motion, which would otherwise have been unnecessary.

[3] The defendant disputes the conduct submissions and submits that the amount requested, even leaving aside the request for an additional amount, is unreasonable. It submits that only $1,562.15 ought to be awarded.

[4] The defendant’s conduct is a factor I can and do take into account in determining costs on this motion, but I am not persuaded to order the full amount requested on that basis.

[5] Taking all factors into account, I order that costs are to be paid to the plaintiff by the defendant in the amount of $3,000 plus HST, to be paid within 30 days of the date of this endorsement.

W. Matheson J.

DATE: October 28, 2013