CITATION: Thomson v. Simms, 2016 ONSC 3935
COURT FILE NO.: 15-DC-2164
DATE: 2016 June 14
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
SHAWN THOMSON
Plaintiff/Respondent on Appeal
– and –
DAVID SIMMS
Defendant/Appellant
David Capra, for the Plaintiff/Respondent on Appeal
John H. Hale, for the Defendant/Appellant
HEARD: written submissions
Tranmer, J.
COSTS ENDORSEMENT
[1] The plaintiff’s offer to settle of March 7, 2016, replaced by that of May 3, 2016, was reasonable and was less favourable to the plaintiff than the final outcome.
[2] This must be balanced with the reasonable costs expectations of the parties. I have no information as to the defendant’s legal costs. The sum claimed of $8218.80 seems excessive to me.
[3] Taken into consideration the issues argued on appeal, the parties’ submissions on costs, the Rule 57 factors, I find that a fit and just award of costs is in the sum of $6500.00 for fees plus H.S.T. plus $386.46 for disbursements.
Honourable Mr. Justice Gary W. Tranmer
Released: June 14, 2016
CITATION: Thomson v. Simms, 2016 ONSC 3935
COURT FILE NO.: 15-DC-2164
DATE: 2016 June 14
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
SHAWN THOMSON
Plaintiff/Respondent on Appeal
– and –
DAVID SIMMS
Defendant/Appellant
COSTS ENDORSEMENT
Tranmer J.
Released: June 14, 2016