Ontario Superior Court of Justice
Court File No.: CV-12-357
Date: 2014-06-23
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Catherwood Welding & Boiler Service Inc.
Plaintiff
– and –
290-300 King George Road GP Inc.,
290-300 King George Road LP and Traugott Building Contractors Inc.
Defendants
Peter M. Quinlan - Counsel for the Plaintiff
Ross F. Earnshaw - Counsel for Traugott
David I. Younan – Counsel for Saad Daved o/a SD Hardwood Flooring
John Sipos – Counsel for Paul Griffin
The Honourable Justice James W. Sloan
COSTS ENDORSEMENT
1I find that both Catherwood and Traugott were entitled to be independently represented on this motion.
2Unfortunately, from a proportionality point of view, the claims of Daved & Griffen are relatively small.
3However, both Daved & Griffen knew this well before the motion material was prepared and argued.
4In my judgment, I found that the law in issue was clear and therefore the motion was unnecessary.
5While in Canada, people have the right to request that a court adjudicate on issues in dispute, When the court finds against them, they cannot expect that they should pay either no costs or insignificant costs to the other side.
6Having said that, I am not prepared on the facts of this case to award substantial indemnity costs and I am also not prepared to award one of the claimant's costs at almost twice what the other claimant is claiming for partial indemnity costs.
7Therefore, both Catherwood and Traugott shall each be entitled to costs fixed in the amount of $5,903.60 (2 x $5,903.62), and each of the defendants shall be liable for one half of the total costs which is $5,903.60 each.
James W. Sloan
Released: June 23, 2014
COURT FILE NO.: CV-12-357
DATE: 2014-05-30
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Catherwood Welding & Boiler Service Inc.
Plaintiff
- and –
290-300 King George Road GP Inc.,
290-300 King George Road LP and
Traugott Building Contractors Inc.
Defendants
COSTS ENDORSEMENT
J.W. Sloan J.
Released: June 23, 2014