Superior Court of Justice - Ontario
Parties
RE: GARFIELD ANTHONY HIBBERT, Plaintiff/Respondent
AND:
METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 796,
Defendant/Moving Party
AND BETWEEN -
File: CV-12-459546
GARFIELD ANTHONY HIBBERT, Plaintiff/Respondent
AND:
METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 796,
PLACE NOUVEAU, BROOKFIELD BUILDING ADMINISTRATIVE
OFFICE, GLORIA VLD RCM, SUPERINTENDENT JOHN AND BRAZZEL
AN SECURITY COMPANY, Defendants/Moving Parties
Before: STEWART J.
Counsel
Jide Oladejo, for the Plaintiff/Respondent
Mark Willis-O’Connor, for the Defendants/Moving Parties, Metropolitan Toronto Condominium Corporation No. 796 et al
Heard: In Writing
Costs Endorsement
1In my endorsement of March 12, 2015 I invited the parties to deliver written submissions on costs if that subject could not be agreed upon by them. I now have received and considered those submissions.
2The Defendant seeks costs on a partial indemnity scale of $14,320.81.
3The Plaintiff seeks his costs on a partial indemnity scale in the amount of $5,007.17.
4In my view, the Defendant was basically the successful party on the motion. Its alternative request for relief by way of a stay was granted. I agree with the Defendant that, as a result, costs should follow the event.
5However, when all of the considerations affecting an award of costs are taken into account, including the principles of proportionality and reasonable expectations of the parties, I am of the opinion that a fair and reasonable amount to award the Defendant for its costs is $7,500.00, inclusive of all disbursements and applicable taxes. That amount shall be paid to the Defendant by the Plaintiff within 60 days of today’s date.
STEWART J.
Date: May 28, 2015