Ontario Superior Court of Justice

cob as Clarida Construction Maintenance et al, 2015 ONSC 6525

COURT FILE NO.: CV-13-492 and CV-13-493 (Napanee)

DATE: October 22, 2015

ONTARIO

SUPERIOR COURT OF JUSTICE

Between:

Simpson’s Fence (Chatham) Inc.

Plaintiff

– and –

1187855 Ontario Inc. cob as Clarida Construction Maintenance and ABB Inc.

Defendants

Daniel J. MacKeigan and Wade Sarasin, for the Plaintiff

Michael J.W. Round, for the Defendant, ABB Inc.

RULING ON COSTS

QUIGLEY, J

[1] On April 14^th, 2015, I released by Ruling on Motion, heard before me on February 27^th, 2015. 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.

[2] At the time of the motion brought by the Plaintiffs, the Defendant, ABB Inc., opposed the motion and brought a cross-motion for leave to bring a motion for security for costs.

[3] The Plaintiff not only succeeded on its initial motion, but succeeded in defending the cross-motion by the Defendant.

[4] Counsel for the Plaintiff has provided submissions on costs, requesting costs in the amount of $10,090.64, on a partial indemnity scale. I find that the time expended herein was justified and submissions of costs by the Plaintiff to be reasonable.

[5] Counsel for the Defendant also provided submissions on costs, suggesting that an appropriate order for costs should be $5,000.00, plus H.S.T. and disbursements. In particular, the Defendant takes issue with counsel fee for a total of six hours on February 27^th when in fact the motion did not start until the afternoon. All counsel were required to be available for the whole day and I am satisfied that a counsel fee request for six hours for that day is fair and reasonable.

[6] I am also aware that before this final order could be settled, two telephone attendances were required by counsel before me, which I take into account in this decision.

[7] Therefore, an order shall go requiring the Defendant, ABB Inc., to pay costs to the Plaintiff in the amount of $10,090.64. These costs shall be payable forthwith.

The Honourable Mr. Justice Michael J. Quigley

Released: October 22, 2015

cob as Clarida Construction Maintenance et al, 2015 ONSC 6525

COURT FILE NO.: CV-13-492 and CV-13-493

DATE: October 22, 2015

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

Simpson’s Fence (Chatham) Inc.

Plaintiff

– and –

1187855 Ontario Inc. cob as Clarida Construction Maintenance and ABB Inc.

Defendants

RULING ON COSTS

Quigley, J.

Released: October 22, 2015