Fortier v. Hope, 2015 ONSC 3375
COURT FILE NO.: 08-CV-350570PD1
DATE: 20150527
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JEFF FORTIER and KATHRYN LONG
Plaintiffs
– and –
KEVIN R. HOPE and HMP HOME INSPECTION INC. and HARRY MAURICE POCKETT
Defendants
Charles Wagman for the Plaintiffs
Margaret A. Hoy for the Defendant Harry Maurice Pockett
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] The Defendant Harry Maurice Pockett brought a motion to set aside the default judgment granted by Justice Grace on May 17, 2011 to the Plaintiffs Jeff Fortier and Kathryn Long. The Plaintiffs were awarded a default judgment of $54,954.15, plus costs fixed at $5,000.
[2] I granted Mr. Pockett’s motion on terms; namely that: (a) the judgment would only be set aside as against Mr. Pockett; (b) the writ of execution remain in place; (c) Mr. Pockett pay to the Plaintiffs $5,000 for the costs thrown away from the default judgment; (d) Mr. Pockett pay the costs of the motion to set aside the default judgment; the costs to be settled or assessed; (e) Mr. Pockett pay $10,000 into court as security for the costs of the action; (f) the payments be made within 30 days after the costs of the motion are settled or determined; and (g) if the payments are not made, then the judgment is not set aside. See Fortier v. Hope, 2015 ONSC 2749.
[3] The Plaintiffs, although technically the unsuccessful party on the motion, seek substantial indemnity costs of $15,579.00 inclusive of HST and disbursements or alternatively partial indemnity costs of $11,951.70, all inclusive. Having regard to the terms of my order, a punitive costs award is not called for and I award costs on a partial indemnity basis.
[4] Mr. Pockett submits that the costs of the motion and the related steps should be in the range of $2,500 to $3,000, all inclusive.
[5] In my opinion, the appropriate award in the circumstances of this case is $8,500, all inclusive.
[6] Order accordingly.
Perell, J.
Released: May 27, 2015
CITATION: Fortier v. Hope, 2015 ONSC 3375
COURT FILE NO.: 08-CV-350570PD1
DATE: 20150527
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JEFF FORTIER and KATHRYN LONG
Plaintiffs
– and –
KEVIN R. HOPE and HMP HOME INSPECTION INC. and HARRY MAURICE POCKETT
Defendants
REASONS FOR DECISION – COSTS
PERELL J.
Released: May 27, 2015