2015 ONSC 1472

COURT FILE NO.: 12-075

DATE: 20150309

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

DOUGLAS FREURE

The Applicant on his own behalf

Applicant

• and -

THE CORPORATION OF

THE TOWNSHIP OF SEGUIN

Jennifer E. Biggar, for the Respondent

Respondent

HEARD: October 14, 2014

CORRECTED DECISION - March 9, 2015:

End of last sentence of last paragraph corrected to read: “…, and I order the Applicant to pay to the Respondent that amount within 30 days”.

D E C I S I O N O N C O S T S

WILCOX, J.

[1] In this matter, the decision of November 18, 2014 dismissing the Applicant’s motion invited written costs submissions. They have been received from the Respondent, but not from the Applicant. The Respondent’s Affidavit of Service indicates that the Respondent’s costs submissions were served on the Applicant by mail sent on November 25, 2014.

[2] The Respondent sought partial indemnity costs of $6,970.78, including fees, disbursements and HST. Having received no response from the Applicant, I assume that he does not dispute that.

[3] I have considered the cost submissions filed by the Respondent, together with its Costs Outline.

[4] I have taken into account the factors enumerated under Rule 57, including the time spent, the result achieved, and the complexity of the matters, as well as the application of the principle of proportionality. In addition, I have considered the principles set forth by the Court of Appeal in Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 14579 (ON CA), 71 O.R. (3d) 291 (C.A.) and Davies v. Clarington (Municipality) (2009), 2009 ONCA 722, 100 O.R. (3d) 66 (C.A.), specifically that the overall objective of fixing costs is to fix an amount that is fair and reasonable for an unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant.

[5] I conclude that an award of costs in the amount of $6,970.78 inclusive of fees, disbursements and taxes, would be a reasonable one in the circumstances, and I order the Applicant to pay to the Respondent that amount within 30 days.

Justice J.A.S. Wilcox

Released: March 9, 2015