4439155 Canada Inc. v. Albert Tower Inc., 2015 ONSC 944
COURT FILE NO.: 11-52362
DATE: 2015/02/11
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 4439155 Canada Inc. v. Albert Tower Inc.
BEFORE: Mr. Justice Robert Smith
COUNSEL: Steven J. Greenberg for the
Plaintiffs/Defendants by Counterclaim
Marcus J. Boire, for the
Defendants/Plaintiffs by Counterclaim
DATE HEARD: By written submissions
C O S T S E N D O R S E M E N T
[1] The Plaintiff seeks costs on a partial indemnity basis of $35,475.00 plus disbursements of $1787.32 + HST for a total of $42,106.42. The Plaintiff’s counsel seeks partial indemnity costs at a rate of $375.00 per hour.
[2] The Defendant submits that the Plaintiff originally claimed one million dollars in damages but only recovered $90,541.23. The Defendant submits that costs of $15,000 to $20,000 plus disbursements and HST would be reasonable and proportional.
[3] Success was partially divided as the landlord was successful in reducing the damages substantially. The Defendant is ordered to pay Costs of $20,000 plus Disbursements of $1787.32 and HST.
R. Smith J.
RELEASED: February 11, 2015
COURT FILE NO.: 11-52362
DATE: 2015/02/11
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 4439155 Canada Inc. v. Albert Tower Inc.
BEFORE: Mr. Justice Robert Smith
COUNSEL: Steven J. Greenberg for the
Plaintiffs/Defendants by Counterclaim
Marcus J. Boire, for the
Defendants/Plaintiffs by Counterclaim
ENDORSEMENT
R. Smith J.
RELEASED: February 11, 2015