Court File and Parties

Court File No.: CV-13-483923
Date: 2014-09-08

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 2296423 ONTARIO LIMITED and FLORENCE KUHNEL, Plaintiffs/Respondents

AND:

FOF FRANCHISE CORP., PERFECT RESULTS FLOWER CORP., carrying on business as FOREST OF FLOWERS, WAYNE M. WATSON, JUDITH WATSON and DENNIS LEROY, Defendants/Applicants

Before: B. P. O’Marra J.

Counsel:
Jeffrey P. Hoffman, for the Plaintiffs/Respondents
Daniel J. MacKeigan, for the Defendants/Applicants

Heard: In writing

Costs Endorsement

[1] The plaintiffs were successful in opposing an important interlocutory motion by the defendants. There was an application to stay the action initiated by the plaintiffs and to refer the matter to arbitration.

[2] A large volume of materials was filed by both sides. The hearing occupied most of a juridical day. It was evident that both sides committed considerable time and effort in preparing and presenting the motion.

[3] The plaintiffs seek costs on a partial indemnity basis. The defendants submit that the costs claimed are excessive and disproportionate bearing in mind the amounts claimed and the significance of the motion.

[4] The overall objective is to fix costs in an amount that is fair and reasonable having regard to a broad range of factors. These include the amount of costs that an unsuccessful party could reasonably expect to pay.

Rule 57.01(1), Rules of Civil Procedure.

Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 14579 (ON CA), 71 O.R. (3d) 291 (C.A.).

[5] This was a contested and critical interlocutory motion. It determined which track this matter will proceed on. Considerable time, materials and oral submissions were committed by both sides. The plaintiffs were completely successful and are entitled to costs as submitted on a partial indemnity basis.

[6] The defendants are ordered to pay costs set at $17,750 inclusive of disbursements and HST within 30 days.

B. P. O’Marra J.

Date: September 8, 2014