CITATION: Burgio v. Copperthwaite, 2016 ONSC 2085
COURT FILE NO.: 9252/14
DATE: 2016/03/29
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Caterina Burgio
Luigi De Lisio, for the Applicant
Applicant
- and -
Rodney Copperthwaite
Timothy R. Pedwell, for the Respondent
Respondent
The Honourable Mr. Justice P. R. Sweeny
COSTS ENDORSEMENT
[1] Following the release of my decision in this matter, the parties were unable to resolve the issue of costs, and I received submissions from the applicant and the respondent.
[2] The general rule is that costs follow the event. Pursuant to s.131 of the Courts of Justice Act, the court has the discretion to make an award of costs that is fair and reasonable. In exercising its discretion to determine an appropriate costs award, the court is to have regard to the factors enumerated in Rule 57.01 of the Rules of Civil Procedure. These rules are not meant to be applied in a mechanical or rigid fashion. The court’s objective is to fix an amount that is reasonable in reference to the parties’ expectations.
[3] The applicant’s interpretation of the co-habitation agreement was accepted by the court. Although there was a minor payment required to be made by her to the respondent, it is clear the applicant was successful on the application.
[4] The applicant offered to settle the matter on July 10, 2015. That offer required a payment of $190,000.00. The offer was not a formal offer under Rule 49 of the Rules of Civil Procedure because it was a time limited offer. In any event, the offer was more advantageous to the applicant than my decision. Accordingly, it does not attract automatic cost consequences. However, had the respondent accepted that offer, the matter would have been resolved and significant legal fees would have been avoided. There was no offer made by the respondent.
[5] I have reviewed the bills of costs provided by the applicant and the respondent. The applicant seeks costs on a partial indemnity basis in the amount of $22,163.92. The respondent also sought the costs on a partial indemnity basis in the amount of $19,394.26. In considering “the amount of costs an unsuccessful party could reasonably be expected to pay in relation to a step in the proceeding for which the costs are being fixed”, the parties are very close on the amount of costs.
[6] In the circumstances, in considering the factors set out in Rule 57.01, including the reasonable expectations of the parties. The respondent shall pay to the applicant her costs on a partial indemnity basis fixed in the amount of $21,000.00 all inclusive.
Sweeny J.
Released: March 29, 2016
CITATION: Burgio v. Copperthwaite, 2016 ONSC 2085
COURT FILE NO.: 9252/14
DATE: 2016/03/29
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Caterina Burgio
Applicant
- and –
Rodney Copperthwaite
Respondent
COSTS ENDORSEMENT
Sweeny J.
Released: March 29, 2016