CITATION: 2144688 Ontario Ltd. v. 1482241 Ontario Ltd., 2016 ONSC 1976
COURT FILE NO.: CV-10-416517
DATE: 20160321
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 2144688 ONTARIO LTD., Plaintiff and Defendant by Counterclaim
AND:
1482241 ONTARIO LTD., Defendant and Plaintiff by Counterclaim
BEFORE: Justice M. D. Faieta
COUNSEL: Doug Bourassa, for the Plaintiff and Defendants by Counterclaim
Richard Quance, for the Defendant and Plaintiffs by Counterclaim
HEARD: March 21, 2016 (in writing)
COSTS ENDORSEMENT
INTRODUCTION
[1] The trial of this action was held over four days. Both the claim and the counterclaim were dismissed.
[2] The defendant claims costs on a partial indemnity basis in the amount of $71,412.81 inclusive of taxes and disbursements. The Defendant submits that such award of costs is appropriate in light of the amount involved ($15 million purchase), the complexity of the proceeding, the importance of the issue and the duration of the hearing.
[3] The plaintiff submits that each party should bear their own costs given their divided success at trial. In my view, the counterclaim was resolved by interpreting the contract. It took four days of evidence, as well as legal argument, to resolve the action. In my view, success of this lawsuit somewhat favours the defendant given that the focus of the evidence and submissions at trial was on the claim not the counterclaim.
[4] The plaintiff provided an outline of costs in the amount of $25,210.50 on a partial indemnity basis.
[5] An award of costs should reflect what an unsuccessful party could reasonably expect to pay rather than the exact amount of costs actually incurred by the successful party. See: Davies v. Clarington (Municipality), 2009 ONCA 722, 100 O.R. (3d) 66, at para. 52.
[6] Having regard to the various considerations noted above, it is fair and reasonable for the plaintiff to pay costs of $25,000.00, inclusive of taxes and disbursements, to the defendant.
Mr. Justice M. D. Faieta
Date: March 21, 2016