ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-15-520385
DATE: 20150828
BETWEEN:
PREMIUM PROPERTIES LIMITED
Plaintiff
– and –
2362880 ONTARIO INC. o/a SERIOUS SANDWICH, RASIE BHUVANENDRAN also known as RANJANIDEVI BHUVANENDRAN and THOMAS FERNANDO
Defendants
John D. Campbell for the Plaintiff
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
1This is a costs decision in a commercial landlord and tenant dispute.
2In Reasons for Decision dated July 6, 2015, reported as Premium Properties Limited v. 2362880 Ontario Inc. (Serious Sandwich), 2015 ONSC 4306, I granted the landlord, Premium Properties Ltd., a summary judgment for $82,199 plus pre-judgment interest of $8,630 for a total judgment of $90,829.
3On February 27, 2015, the landlord made a Rule 49 Offer to Settle for $75,000 plus pre-judgment interest until the date of payment.
4The judgment exceeds the Offer to Settle, and thus the costs consequences of Rule 49 are triggered.
5The successful landlord’s partial indemnity costs until February 27, 2015 were $20,240.86, and with substantial indemnity costs after February 27, 2015, the claim for costs totals $31,071.91, all inclusive. However, having regard to the reasonable expectations of the parties and proportionality, the landlord only seeks costs of $25,000.00, all inclusive.
6The defendants did not provide any costs submissions. In my opinion, the plaintiff/landlord should receive costs of $25,000, all inclusive. Order accordingly.
Perell, J.
Released: August 28, 2015
COURT FILE NO.: CV-15-520385
DATE: 20150828
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
PREMIUM PROPERTIES LIMITED
Plaintiff
– and –
2362880 ONTARIO INC. o/a SERIOUS SANDWICH,RASIE BHUVANENDRAN also known as RANJANIDEVI BHUVANENDRAN and THOMAS FERNANDO
Defendants
REASONS FOR DECISION – COSTS
PERELL J.
Released: August 28, 2015