COSTS ENDORSEMENT
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: François Oudin, Plaintiff
AND:
Le Centre Francophone de Toronto, Inc., Defendant
BEFORE: Pollak J.
COUNSEL: Cédric Lamarche, for the Plaintiff
Daniel Girlando, for the Defendant
HEARD: September 19, 2014 and December 3, 2014
COSTS ENDORSEMENT
1The Plaintiff asks for costs on a partial indemnity basis. The Defendant submits that costs should be fixed and awarded in cause. In the cost submissions of the Defendant made at the hearing of the motion it is apparent that the Defendant agrees that the costs claimed by the Plaintiff are reasonable. The dispute is whether they should be awarded now or only on the final disposition of the action.
2The Plaintiff took the position that a rule 21 motion was not appropriate as there were facts in dispute. The Defendant proceeded with this motion notwithstanding the Plaintiff's objection.
3I agree with the submissions of the Plaintiff that as a direct consequence of the Defendant’s Rule 21 motion and the orders sought therein, the Plaintiff was forced to address the issues relating to the enforceability of the termination provision to the extent permitted under Rule 21.
4On the basis of the factors set out in the Rules and in the Boucher case, I find it is just and reasonable to award costs to the Plaintiff in the amount of $4,714 on a partial indemnity basis (which includes disbursements and applicable taxes).
Pollak J.
Date: March 10, 2015