SUPERIOR COURT OF JUSTICE – ONTARIO
2014 ONSC 1485
COURT FILE NO.: 384-11 Orangeville
DATE: 20140307
RE: Correct Group Inc. v. The Corporation of the City of Barrie
BEFORE: D.L. Edwards J.
COUNSEL:
E. Moore, for the Plaintiff
A. Formosa / F. Bogach, for the Defendant
E N D O R S E M E N T
[1] On October 7, 2013, I dismissed the plaintiff’s motion for leave to appeal the decision of Justice Healey dated June 28, 2013. The parties provided cost submissions that were inadvertently administratively misplaced. I have now received and reviewed them.
[2] The defendant, the Corporation of the City of Barrie (“Barrie”), seeks costs on a partial indemnity basis in the amount of $14,000.
[3] The plaintiff, Correct Group Inc., (“CGI”) concedes that Barrie is entitled to costs on a partial indemnity basis, but submits that the costs are excessive.
[4] CGI’s Bill of Costs totals $12,167.55. It submits that, as the moving party, it incurred higher costs than the responding party, and in the circumstances, legal fees of $10,000 would be more appropriate.
[5] Further, Barrie seeks as a disbursement, recovery of $1,514.66 for legal research. CGI submits that this is excessive, as the case law relied on by Barrie is the same as Barrie tendered on the original motion to discharge the Certificate of Pending Litigation.
[6] CGI asserts that the appropriate award of costs would be $10,462.63
[7] I agree that the overriding principle in fixing costs is that costs should be fixed at an amount that is fair and reasonable, rather than any exact measure of the actual costs to the successful party, all of which is determined with reference to the factors set out in Rule 57.01
[8] Accordingly, I order that CGI pay to Barrie on a partial indemnity basis the sum of $13,000 fixed, all inclusive,
D.L. Edwards J.
DATE: March 7, 2014
COURT FILE NO.: 384-11 Orangeville
DATE: 20140307
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Correct Group Inc. v.
The Corporation of the City of Barrie
BEFORE: D.L. Edwards J.
COUNSEL: E. Moore, for the Plaintiff
A. Formosa / F. Bogach, for the Defendant
ENDORSEMENT
D.L. Edwards J.
DATE: March 7, 2014