Court File and Parties
Court File No.: 95-CU-90618SR Date: June 15, 2016 Superior Court of Justice - Ontario
Re: Paula Lloyd, Plaintiff - and- Winners Apparel Ltd., Defendant
Before: F.L. Myers
Counsel: P. Lloyd in person A. Taylor for the Defendant
Heard: June 10, 2016
Endorsement
Analysis
1By letter dated February 28, 2007, the defendant set off the costs ordered by Nordheimer J. against the award made by Wilson J. There is no amount owing by the defendant to the plaintiff. Moreover, the plaintiff went bankrupt in 2009. If she was owed money by the defendant, the debt was vested in the Trustee. The plaintiff has no evidence that the Trustee conveyed the debt back to her on its discharge. Therefore, she has no right to enforce the debt even if it existed!
Disposition
2Ms. Lloyd won a judgment before Wilson J. that was smaller than the amount she was required to pay to Winners by Nordheimer J. The two debts cancel each other out. Winners does not owe Ms. Lloyd any money. Therefore, there is no amount to seize or garnish under Rule 60. Motion dismissed.
Costs
3Plaintiff sought $8,000 in costs if she succeeded. The defendant seeks $4,950 on a partial indemnity basis if it won the motion. The defendant won.
4In my view, costs of $4,000 are reasonable and are well within the range that the plaintiff ought to (and did) expect to be possible. Ms. Lloyd is to pay the defendant $4,000 in costs inclusive of disbursements and taxes forthwith.
F.L. Myers
Date: June 15, 2016