CITATION: Weinmann Electric Ltd. v. The Regional Municipality of Niagara, 2016 ONSC 1544
COURT FILE NO.: 53840/12
DATE: 2016/03/03
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
WEINMANN ELECTRIC LTD.
Kenneth W. Movat, for the plaintiff
Plaintiff
- and -
THE REGIONAL MUNICIPALITY OF NIAGARA
Paul M. DeMelo, for the defendant
Defendant
The Honourable Mr. Justice J.R. Henderson
COSTS ENDORSEMENT
[1] The claim of the plaintiff (“Weinmann”) was dismissed in full after a four-day trial. Accordingly, the defendant (“the Region”) is entitled to its costs as the successful party.
[2] In support of its submission that the costs should be assessed on a substantial indemnity scale, the Region relies on its offer dated January 18, 2015, whereby the Region offered to agree to a dismissal of Weinmann's claim without costs. In my view, this offer amounts to an offer to capitulate, and as such does not engage the provisions of Rule 49.10. Therefore, costs will be assessed on a partial indemnity scale.
[3] In considering the quantum of costs, I accept that Weinmann's claim was of modest complexity. I also accept that this proceeding was very important to the Region as Weinmann's claim challenged the way in which the Region entered into contracts for the supply of work and materials.
[4] Further, I will take into account the fact that Weinmann claimed that the Region had committed the tort of intentional interference with economic relations. Weinmann continued to pursue that claim against the Region until it was abandoned at the conclusion of the trial. This strategy increased the cost of the trial, and unduly increased the complexity of the case.
[5] I will allow a counsel fee for the trial in the amount of $10,000.00. I accept that both the discovery process and the preparation for trial were significant given that there were four days of examinations for discovery and the production of thousands of pages of documents. Therefore, I will allow a further fee of $20,000.000 for non-trial matters, including all examinations, disclosure of documents, and all other preparation for trial. Therefore, the total fee will be $30,000.00 plus 13% HST, for a total of $33,900.00.
[6] I accept the disbursements that are claimed in the amount of $1,973.11 including HST.
[7] Therefore, it is ordered and adjudged that Weinmann pay to the Region its costs fixed at $35,873.11, payable within 30 days.
Henderson J.
Released: March 3, 2016
CITATION: Weinmann Electric Ltd. v. The Regional Municipality of Niagara, 2016 ONSC 1544
COURT FILE NO.: 53840/12
DATE: 2016/03/03
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
WEINMANN ELECTRIC LTD.
Plaintiff
- and -
THE REGIONAL MUNICIPALITY OF NIAGARA
Defendant
COSTS ENDORSEMENT
Henderson J.
Released: March 3, 2016