Court File and Parties

CITATION: Amicus Syntax Software Inc. v. Todd Brown et al, 2016 ONSC 2007

COURT FILE NO.: CV-15-531289

DATE: 20160322

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Fortunato LaRosa, in the name and on behalf of Amicus Syntax Software Inc., Applicant

AND:

Todd Brown and Gary Brusanowski, Respondents

BEFORE: Madam Justice Stewart

COUNSEL: Clarke Tedesco and Natalia Vandervoort, for the Applicant

Nick Porco, for the Respondent Todd Brown

HEARD: In writing

Endorsement

Costs

[1] In my decision of February 2, 2016, I invited the parties to deliver written submissions on costs if the subject could not be agreed upon. I now have received and considered those submissions.

[2] LaRosa, who was successful in obtaining leave to commence a derivative action on behalf of Amicus Syntax Software Inc., seeks costs in the amount of $14,305.97, payable by Brown within 30 days.

[3] Brown does not take issue with LaRosa’s entitlement, as the successful party, to an award of costs. However, he argues that the amount sought is inflated and excessive. Brown suggests a reasonable range for costs in this case is between $3,000.00 and $5,000.00.

[4] When the factors affecting costs are considered, including the fairly straightforward nature of the application, the volume of materials filed, the length of argument (which was focused and helpful from both sides of the issue) and the overriding principle of proportionality, I am of the opinion that a reasonable amount to award LaRosa for costs is $8,500.00, inclusive of disbursements and applicable taxes.

[5] Accordingly, Brown shall pay to LaRosa for his costs of the application the sum of $8,500.00 within 30 days of the date of this endorsement.

Madam Justice Stewart

Date: March 22, 2016