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

1The 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.

2The 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.

3Success 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