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
[1] This is a costs decision in a commercial landlord and tenant dispute.
[2] In 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.
[3] On February 27, 2015, the landlord made a Rule 49 Offer to Settle for $75,000 plus pre-judgment interest until the date of payment.
[4] The judgment exceeds the Offer to Settle, and thus the costs consequences of Rule 49 are triggered.
[5] The 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.
[6] The 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