SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO: CV-10-413596
DATE: 20140219

RE: Leslaw Chlipala, Plaintiff

AND:

Resurrection Credit Union Limited, Defendant

BEFORE: Matheson J.

COUNSEL:
Cezary Paluch, for the Plaintiff

Christopher Caruana and P. Zandi, for the Defendant

COSTS ENDORSEMENT

[1] By endorsement released January 13, 2014, I granted the defendant’s motion for summary judgment and dismissed this action. I invited written submissions regarding costs. The parties have since provided those submissions.

[2] The defendant, as the successful party, seeks costs of the motion and the action in the amount of $22,887.27 on a partial indemnity basis. The plaintiff argues that this claim is excessive. It is mainly attributable to the motion, and the plaintiff notes that the motion took less than half a day to argue. The plaintiff takes issue with other aspects of the costs claim. The plaintiff asks that I exercise my discretion and order no costs, especially because, says the plaintiff, the whole dispute may have been avoided if the defendant had obtained a current appraisal at the time the house was sold.

[3] I am not prepared to disallow costs. The essential issue on this claim was litigated and decided against the plaintiff in the injunction proceedings in 2008. It was the plaintiff’s decision to attempt to litigate the issue again that caused the costs incurred by the defendant in defence of the action and on the summary judgment motion. The defendant seeks partial indemnity costs, which I find reasonable in the circumstances.

[4] Bearing in mind the factors under Rule 57 of the Rules of Civil Procedure, I order that the plaintiff pay to the defendant $22,887.27 for costs of the motion and the action.

Matheson J.

Date: February 19, 2014