Court File and Parties

CITATION: Proulx v. Canadian Cove Inc. et al., 2015 ONSC 1793

COURT FILE NO.: CV-11-434847

DATE: 20150327

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Francois Proulx, Plaintiff

AND:

Canadian Cove Inc., Terry Smith, 2042098 Ontario Ltd o/a Jim Earle Marine Group et Jim Earle, Defendants

BEFORE: Carole J. Brown, J.

COUNSEL: Pierre Champagne and Julie Paquette, for the Plaintiff

Jeffrey Robles and Laura Chiu, for the Defendants

COSTS ENDORSEMENT

[1] The plaintiff, who was wholly successful in this action, seeks his costs on a partial indemnity basis to the date of service of the Rule 49 offer to settle and on a substantial indemnity basis thereafter.

[2] On July 18, 2011, the plaintiff offered to settle the matter on the basis of payment of $150,000 all-inclusive. This offer was not accepted. On May 22, 2014, the plaintiff served a second offer to settle in the amount of $100,000 all-inclusive, which offer did not revoke the first offer made July 18, 2011. This offer was also not accepted. After a five day trial, the plaintiff was awarded damages in the amount of $212, 536, as well as punitive damages in the amount of $25,000. Accordingly, the plaintiff beat his offers to settle.

[3] As a result, the plaintiff seeks its costs on a partial indemnity basis from October 8, 2010 to the date of the first offer, July 18, 2011, and costs on a substantial indemnity basis thereafter. I am satisfied, taking into account the factors to be considered in exercising this Court's discretion set forth at Rule 57.01, and taking into account Rules 49 and the offers served in this action that the amount sought for costs is reasonable and should be awarded to the successful party. While the defendants argued that the counsel fees are more than stipulated by the Information to the Profession of the Costs of the Subcommittee of the Civil Rules Committee in 2005, I am of the view that that chart, while it provides a guideline, is outdated as regards counsel fees to be applied today, a decade later. In this regard, I have taken into account Simco Condominium Corp. No. 12 v Walker, 2014 ONSC 4109.

[4] The plaintiff is entitled to his costs in a total amount of $140,360.11.

Carole J. Brown, J.

Date: March 27, 2015