COURT FILE NO.: CV-14-193-00
DATE: October 19, 2015
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Robert Spence and Anne Spence
Applicants
– and –
John Dennis Wayne Laverdure, Barbara Anne Laverdure, Paul D. Beseau, W. Brent Collett and Collett Surveying Ltd.
Respondents
Colin Wright, for the Applicants
James L. McDonald, for the Respondents, John Dennis Wayne Laverdure and Barbara Anne Laverdure;
Colin R. Dubeau, for the Respondent, Paul D. Beseau
Christopher L. Hluchan, for the Respondents, W. Brent Collett and Collett Surveying Ltd.
RULING ON COSTS
QUIGLEY, J
[1] At the conclusion of my Ruling on Motion, I invited counsel to make submissions on costs in the event they could not agree on costs, to my chambers in Brockville.
[2] All parties have agreed on the quantum of costs in the amount of $9,000.00, payable to the John Dennis Wayne Laverdure and Barbara Anne Laverdure (herein the “Laverdures”) on a partial indemnity scale.
[3] The only issue that is in dispute is whether or not the respondents, Paul D. Beseau (herein “Beseau”), W. Brent Collette and Collett Surveying Ltd. (collectively herein “Collett”), should share in the payment of those costs.
[4] At the beginning of the application, the Court was advised that this would be a bi-furcated hearing and that this application would not include Beseau and Collett.
[5] Not only was the court advised of that fact, the correspondence which I have reviewed in these costs submissions supports that view.
[6] Counsel for the Applicants suggests that the respondents, Beseau and Collett, should each share one-third of the agreed upon costs. In support of that position, counsel for the applicants forwarded a transcript of submissions in which the co-respondents agreed with submissions of the applicants. In my view, counsel for Beseau and Collett, supporting the Applicants’ position at the conclusion of the application in no obligated them to share in costs. I, therefore, reject counsel for the Applicants’ submission on that point. At the beginning of the application, I distinctly recall counsel for Beseau, Mr. Dubeau, advising the court that he was there essentially on a watching brief.
[7] Counsel for Beseau submits that there is no merit in the Applicants’ claim for sharing costs in this matter and, therefore, he should be awarded his costs for unnecessarily having to participate in the cost submissions. I agree.
[8] Similarly, counsel for Colletts should not have had to expend time and resources to be involved in these cost submissions.
[9] Accordingly, an order shall go requiring the Applicants, in addition to paying the $9,000.00 to the respondents, Laverdures, pay an additional $500.00 costs to counsel for Paul D. Beseau, and $500.00 to counsel for W. Brent Collett and Collett Surveying Ltd.
[10] All costs shall be paid forthwith.
The Honourable Mr. Justice Michael J. Quigley
Released: October 19, 2015
COURT FILE NO.: CV-14-193-00
DATE: October 19, 2015
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Robert Spence and Anne Spence
Applicants
– and –
John Dennis Wayne Laverdure, Barbara Anne Laverdure, Paul D. Beseau, W. Brent Collett and
Collett Surveying Ltd.
Respondents
RULING ON COSTS
Quigley, J.
Released: October 19, 2015