Fortier v. Hope, 2015 ONSC 3375

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

1The 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.

2I 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.

3The 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.

4Mr. 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.

5In my opinion, the appropriate award in the circumstances of this case is $8,500, all inclusive.

6Order accordingly.

Perell, J.