ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Rebel Scrap Metal Inc. Parts-A-Plenty Inc. and 816 Goodyear Road Inc.
Plaintiff/Respondent
– and –
The Corporation of the Township of Stone Mills
Defendant/Moving Party
M. Panacci, for the Plaintiff/Respondent on Motion
S. vanHelden, for the Defendant/Moving Party
TRANMER J.
DECISION ON COSTS
BACKGROUND
1I have received and reviewed submissions from Mr. vanHelden and Mr. Panacci’s letter of October 13, 2015.
2The question of transfer from Belleville to Kingston is not a significant factor in my decision on costs.
3It cannot be said that the action was frivolous or vexatious or an abuse of process.
4It cannot be said that Rule 20.06 is engaged in this proceeding.
5This is no Rule 49 Offer to Settle.
6As the successful party, the Defendant is entitled to its costs of the motion and this action on a partial indemnity basis.
7The rates charged by Defendant counsel are within the Rule 57 parameters. The hours expended are reasonable except for the item of Preparing Summary Judgment Motion materials etc. at 45 hours, which I find to be excessive and should be reduced by one-half.
8Although the costs claimed are in the amount of $12,026.10, I find that a fair and reasonable costs award is $10,000.00, all inclusive. I find that such an award is within the reasonable expectations of the parties for the action and Summary Judgment Motion and in accordance with Rule 57.
9It is ordered that the Plaintiffs shall pay to the Defendant costs fixed in the sum of $10,000 for the action and motion for summary judgment.
Honourable Mr. Justice Gary W. Tranmer
Released: October 16, 2015
COURT FILE NO.: CV-15-049-00
DATE: 2015 Oct 16
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Rebel Scrap Metal Inc. Parts-A-Plenty Inc. and 816 Goodyear Road Inc.
Plaintiff/Respondent
– and –
The Corporation of the Township of Stone Mills
Defendant/Moving Party
COSTS DECISION
Tranmer J.
Released: ** October 16, 2015**