ONTARIO
SUPERIOR COURT OF JUSTICE
CITATION: French Family Funeral Home Limited v. William Player, Joanne Harpell and Bruce Holtom, and 1564714 Ontario Ltd. and 1872864 Ontario Inc., 2015 ONSC 991
COURT FILE NO.: 5629/13SR
DATE: 20150212
B E T W E E N:
FRENCH FAMILY FUNERAL HOME LIMITED
Robert A. Dinnen, for the Plaintiff/Defendant by Counterclaim
Plaintiff/Defendant by Counterclaim
- and -
WILLIAM PLAYER, JOANNE HARPELL AND BRUCE HOLTOM
Christopher S. Guest, for the Defendants/Plaintiffs by Counterclaim
and Plaintiffs by Counterclaim
Defendants /Plaintiffs by Counterclaim
- and -
1564714 ONTARIO LTD. and
1872864 ONTARIO INC.
Joining as Plaintiffs by Counterclaim
HEARD: November 28, 2014
D E C I S I O N O N C O S T S
WILCOX, J.
[1] The decision of January 13, 2015 granting judgment for the Plaintiff and dismissing the Counter-claim invited written costs submissions, which have been received.
[2] The Plaintiff sought costs of $80,000, which amounted to full indemnity. It indicates that a formal offer to settle was served on September 5, 2014 suggesting judgment as was sought and ultimately obtained, but with costs to be agreed upon or assessed, which offer was ignored.
[3] The Defendant acknowledged that that offer had been made, and submitted that the Plaintiff is entitled to partial indemnity costs to the September 5, 2014 date of the offer, and substantial indemnity costs thereafter. I agree. The Defendant also provided a corresponding calculation of costs which I generally agree with.
[4] I have taken into account the factors enumerated under Rule 57, including the time spent, the result achieved, and the complexity of the matters, as well as the application of the principle of proportionality. In addition, I have considered the principles set forth by the Court of Appeal in Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 14579 (ON CA), 71 O.R. (3d) 291 (C.A.) and Davies v. Clarington (Municipality) (2009), 2009 ONCA 722, 100 O.R. (3d) 66 (C.A.), specifically that the overall objective of fixing costs is to fix an amount that is fair and reasonable for an unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant.
[5] I conclude that an award of costs in the amount of $50,000 inclusive of fees, disbursements and taxes, would be a reasonable one in the circumstances, and I order the Defendant to pay to the Plaintiff that amount within 30 days.
Justice James A. S. Wilcox
Released: February 12, 2015