COSTS ENDORSEMENT
COURT FILE NO.: CV-11-427137
MOTION HEARD: June 3, 2015
SUPERIOR COURT OF JUSTICE – ONTARIO
Re: U-PAK DISPOSALS (1989) LIMITED, 1063192 ONTARIO
LIMITED, 1680825 ONTARIO INC. and McPHERSON TRANSFER LIMITED
Plaintiffs
v.
THE REGIONAL MUNICIPALITY OF DURHAM
Defendant
BEFORE: Master Lou Ann M. Pope
APPEARANCES:
Christopher J. Staples, Chaitons LLP, for plaintiffs
Fax: 416-318-1847
Damon Stoddard, Heal & Co. LLP, for moving defendant
Fax: 416-583-5905
COSTS ENDORSEMENT
[1] Further to my endorsement dated June 3, 2015, the parties filed costs submissions.
[2] In my view the amount of $8,111.87 which the defendant is seeking for partial indemnity costs is excessive. This was a straightforward undertakings and refusals motion which was argued within one hour. Cross-examinations were not held. However, it is recognized that the plaintiffs satisfied numerous undertakings after the motion was brought. The cost award also reflects the fact that the plaintiff was successful on numerous points.
[3] The defendant shall be entitled to its costs of the motion on a partial indemnity basis fixed in the amount of $2,500 inclusive of HST and disbursements. Costs are payable within 30 days of the day this decision is released.
(original signed)
Lou Ann M. Pope
Date Released: June 30, 2015