Superior Court of Justice - Ontario
Citation: Garfield Anthony Hibbert v. Metro Toronto Condo 796, 2015 ONSC 3445
Court File No.: CV-11435801-00
Date: 20150528
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
[1] In 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.
[2] The Defendant seeks costs on a partial indemnity scale of $14,320.81.
[3] The Plaintiff seeks his costs on a partial indemnity scale in the amount of $5,007.17.
[4] In 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.
[5] However, 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