Ontario Superior Court of Justice
Court File No.: 126/09(SIM)
Date: 2014-11-26
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
David Free
Plaintiff
– and –
Municipality of Magnetawan
Defendant
G. Sheppard, for the Plaintiff
I. St. John , for the Defendant
The Honourable Mr. Justice D.J. Gordon
SUPPLEMENTARY ENDORSEMENT RE: costs
[1] In my reasons for decision, released September 8, 2013, I invited written submissions from counsel on the issue of costs.
[2] Following a three day trial, the plaintiff’s claim was dismissed. In result, Mr. St. John, counsel for Magnetawan, requests a cost award in the amount of $194,144.88.
[3] Several actions had been ordered to be tried together with the trial scheduled for as much as six weeks. The other actions, along with the defamation claim in this action, were settled prior to the commencement of trial. The only claim that proceeded was for wrongful dismissal.
[4] Unless there is some agreement or order addressing costs, I assume the cost claim is restricted to the wrongful dismissal action. The amount sought bears no relationship to that action. Rather, it appears Mr. St. John is seeking an award for all matters involving Magnetawan.
[5] Mr. Sheppard, counsel for Mr. Free, submits there is “… paucity of information provided by counsel for Magnetawan …”. I agree. Accordingly, I am unable to determine a fair and reasonable award and, indeed, cannot even undertake any analysis of the claim.
[6] In result, costs of the wrongful dismissal claim only are awarded to Magnetawan on a partial indemnity basis. Pursuant to Rule 57.01 (3.1), costs are referred for assessment under Rule 58.
D.J. Gordon J.
Released: November 26, 2014
COURT FILE NO.: 126/09(SIM)
DATE: 2014-11-26
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
David Free
Plaintiff
** and –**
Municipality of Magnetawan
Defendant
REASONS FOR JUDGMENT
Released: November 26, 2014
/lr