ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CV-12-450846
DATE: 20150928

BETWEEN:

STEVE MARTIN
Plaintiff

– and –

ATTARD PLUMBING LTD.
Defendant

Stuart Zacharias for the Plaintiff

Robert W. Dowhan for the Defendant

HEARD: In writing

PERELL, J.

REASONS FOR DECISION - COSTS

[1] The plaintiff, Steve Martin, was successful in obtaining a partial summary judgment that there was an implied warranty of fitness in the contract between the parties; see: Martin v. Attard Plumbing Ltd., 2015 ONSC 5037. Mr. Martin now seeks partial indemnity costs of $11,190.61, all inclusive.

[2] The defendant, Attard Plumbing Ltd., without providing its own costs outline or Bill of Costs, submits that Mr. Martin’s bill is excessive and should be reduced to $10,759.28, all inclusive.

[3] In my opinion, Mr. Martin has justified his claim for costs, which is fair and reasonable and within the reasonable expectations of the unsuccessful party.

[4] Accordingly, I award Mr. Martin $11,190.61, all inclusive.

Perell, J.

Released: September 28, 2015

COURT FILE NO.: CV-12-450846
DATE: 20150928

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:

STEVE MARTIN
Plaintiff

– and –

ATTARD PLUMBING LTD.
Defendant

REASONS FOR DECISION - COSTS

PERELL J.

Released: September 28, 2015