Court File and Parties

Court File No.: C-528-09
Date: 2014-04-01
SUPERIOR COURT OF JUSTICE – ONTARIO

RE: John Hoicka and Kathleen Hoicka, Plaintiffs

and

The Corporation of the Town of Gravenhurst, T M D Investments Limited,
and Henry Dlugosz, Defendants

and

Thomas E. Brown, Architect and Paul McIntosh, Proposed Third Parties

Before: The Honourable Mr. Justice R.D. Reilly

Counsel:
Ryan P. Zigler, for the Defendants,
T M D Investments Limited and Henry Dlugosz

Megan Marrie, for the Respondents, the Proposed Third Parties,
Thomas E. Brown, Architect and Paul McIntosh

ruling AS TO costs

by the honourable mr. justice r.d. reilly

[1] By this motion, the defendants, T M D Investments Limited and Henry Dlugosz, sought leave to issue a third party claim against Paul McIntosh and Thomas E. Brown, Architect. It was this discrete issue that the court was asked to determine on this motion. The court issued its ruling on October 29, 2013. The court ruled that on the affidavit evidence provided, there was nothing to provide a viable cause of action against the proposed defendants. Moreover, and perhaps more important, the court ruled that this claim was in violation of the Limitations Act and therefore dismissed the motion by the named defendants to add Thomas E. Brown, Architect and Paul McIntosh as third parties in the action.

[2] The successful respondents on the motion, Thomas E. Brown, Architect and Paul McIntosh claim costs on a partial indemnity basis in the amount of $16,174.22. Mr. Zigler, on behalf of the defendants, has submitted this claim is excessive and that in the circumstances the sum of $5,000, all inclusive is a reasonable amount for partial indemnity costs. I have carefully considered the bill of costs of Thomas E. Brown, Architect and Paul McIntosh, as well as the written submissions of counsel for the parties. There is no question that the issues were important, particularly for the proposed third parties, Thomas E. Brown, Architect and Paul McIntosh. There is also no question that Thomas E. Brown, Architect and Paul McIntosh were completely successful on the motion.

[3] However, I find their claim for costs somewhat excessive. The issues were relatively narrow and straightforward in their preparation and interpretation by the court. Having considered the factors enumerated under Rule 57.01 of the Rules of Civil Procedure and the written submissions of counsel for the parties, I direct that T M D Investments Limited and Henry Dlugosz shall pay costs of the motion to Thomas E. Brown, Architect and Paul McIntosh, on a partial indemnity basis, set at $12,000, inclusive of disbursements and taxes. Costs are payable forthwith.

R.D. Reilly J.

Released: April 1, 2014