COURT FILE AND PARTIES

COURT FILE NO.: CV-07-328088PD3

DATE: 20140102

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MERYL JAMES, Plaintiff

AND:

GOLDEN MILE COLLISION LTD. AND HAGOP ABADJIAN A.K.A. JACK ABADJIAN, Defendants

BEFORE: FIRESTONE J.

COUNSEL:
William Scott, for the Plaintiff

David Conn, for the Defendants

HEARD: September 23, 2013

COSTS ENDORSEMENT

[1] By written reasons released October 29, 2013, I granted the plaintiffs’ motion for an order restoring this action to the trial list. In those reasons I indicated that if costs could not be agreed upon, written submissions with a costs outline could be filed.

[2] Costs are within the discretion of the Court: Courts of Justice Act, s.131 (1). The Court has a broad discretion when determining the issue of costs. Rule 57.01(1) sets out the factors the Court may consider in awarding costs.

[3] I have reviewed the cost outlines submitted by counsel. I have considered the factors enumerated under Rule 57, including the time spent, the results achieved, the complexity of the matter, as well as the application of the principle of proportionality to the circumstances in this case: Rule 1.04(1).

[4] Furthermore, I have taken into account the principles set forth by the Court of Appeal in Boucher v. Public Accountants Counsel for Ontario, 2004 14579 (ON C.A.) 71 O.R. (3d) 291 that the overall objective of fixing costs is to fix an amount that is fair and reasonable.

[5] The plaintiff has been successful on this motion. Notwithstanding this, the plaintiff sought an indulgence from the Court to restore the matter to the trial list.

[6] Given the facts of this case, it was not unreasonable for the defendants to have opposed this motion. The defendants’ written and oral submissions were of great assistance to the Court.

[7] I am also mindful of the fact that in my reasons I ordered that the plaintiff be denied pre-judgement interest from January 21, 2008 to October 29, 2013.

[8] Given all of the circumstances of this case, I order that the plaintiff pay to the defendants partial indemnity costs of the motion in the all-inclusive sum of $995.00 within 30 days.

Firestone J.

Date: January 2, 2014