Court File and Parties

COURT FILE NO.: CV-15-519642

DATE: 20150915

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: BAYER INC., Plaintiff (Moving Party)

AND:

BELFIELD INVESTMENT CORPORATION, Defendant (Plaintiff by Counterclaim) (Responding Party)

BEFORE: Mr. Justice Stephen Firestone

COUNSEL:
Douglas B.B. Stewart and Holly V.A. Cunliffe, for the Plaintiff (Moving Party)

Richard P. Quance, for the Defendant (Plaintiff by Counterclaim) (Responding Party)

HEARD: In Writing

COSTS ENDORSEMENT

[1] By way of written reasons dated August 12, 2015, I granted the plaintiff’s motion for summary judgment in the amount of $491,684.09 and dismissed the defendant’s counterclaim.

[2] In my reasons for decision I indicated that if the parties were unable to agree on costs, cost submissions would be received in writing and I set a timetable for their delivery. Those submissions have now been received.

[3] Costs are within the discretion of the court: Courts of Justice Act, s.131 (1).The Court has a broad discretion when determining the issue of costs. Rule 57.01 (1) sets out the factors the Court may consider when determining costs.

[4] A successful party is entitled to costs in the absence of a very good reason(s) not to award them: Schreiber v. Mulroney, 2007 31754 (ON SC), [2007] O.J. No.3191 (Sup.Ct.) at para 2.

[5] The overall objective of fixing costs is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant: Boucher v. Public Accountants Counsel for Ontario, 2004 14579 (Ont. C.A.).

[6] I have considered the submissions of counsel as well as the relevant legal principles as they apply to the factual matrix of this case. Given the complexity of the matter, the results achieved and experience of counsel, I order that the Defendant Belfield Investment Corporation (“Belfield”) pay to the Plaintiff Bayer Inc. (“Bayer”) costs in the all-inclusive sum of $40,000.00.

[7] The parties have advised that the draft judgment submitted to me has been approved as to form and content. As requested, I have inserted the cost award into paragraph 2 of the judgment and signed it accordingly.

Firestone J.

Date: September 15, 2015