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
[1] I find that both Catherwood and Traugott were entitled to be independently represented on this motion.
[2] Unfortunately, from a proportionality point of view, the claims of Daved & Griffen are relatively small.
[3] However, both Daved & Griffen knew this well before the motion material was prepared and argued.
[4] In my judgment, I found that the law in issue was clear and therefore the motion was unnecessary.
[5] While 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.
[6] Having 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.
[7] Therefore, 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