Court File and Parties
CITATION: Segreto v Maatouk, 2016 ONSC 4899
COURT FILE NO.: 13-58920
DATE: July 29, 2016
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Gina Segreto and Maria Segreto, carrying on business under the name and style of Scava Construction, Plaintiffs
AND
Michel Emile Maatouk, Antonios Maatouk and Massoud Hanna, Defendants
BEFORE: The Honourable Mr. Justice Martin James
COUNSEL: Timothy N. Sullivan for the Plaintiffs Robert N. Hall for the Defendants
HEARD: Written Submissions
COSTS ENDORSEMENT
[1] This is a costs endorsement following a three day lien trial. The amount awarded to the plaintiffs was $12,650.25 plus prejudgment interest of about $1,600.
[2] There were no offers to settle that met the provisions of rule 49.
[3] The defendants argue that costs should be limited to 25% of the award or $3,623.19. This amount is too low. The requirement under the former Mechanics Lien Act limiting costs to 25% of the lien was not carried into the revised Construction Lien Act which provides for costs to be allowed in the discretion of the court (see Construction, Builders’ and Mechanics’ Liens in Canada (7th ed), p. 12-29). Therefore the usual factors set out in rule 57 apply except that the proportionality doctrine ought to be tempered by the consideration that plaintiffs who are forced to sue for relatively small amounts and who are successful ought not to be punished by an unrealistically low costs award.
[4] The plaintiff claims about $14,400 in fees on a partial indemnity basis and about $19,000 on a substantial indemnity basis. Substantial indemnity costs are reserved for situations where rule 49 applies or where a party behaves inappropriately. Neither of those situations applies here.
[5] In the circumstances I have determined that the plaintiffs are entitled to recover fees of $10,000 plus HST of $1,300 from the defendants.
[6] As for disbursements, the amount claimed is appropriate except parking expenses are not allowed under the tariffs. Total disbursements including HST allowed at $2,025.97 for a total costs award in favour of the plaintiffs of $13,325.97 all inclusive.
[7] These costs are recoverable from the money paid into court to the extent such funds are available. Any shortfall is recoverable by the plaintiffs as judgment creditors.
The Honourable Mr. Justice James
Date: July 29, 2016
CITATION: Segreto v Maatouk, 2016 ONSC 4899
COURT FILE NO.: 13-58920
DATE: July 29, 2016
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Gina Segreto and Maria Segreto, carrying on business under the name and style of Scava Construction, Plaintiffs
AND
Michel Emile Maatouk, Antonios Maatouk and Massoud Hanna, Defendants
BEFORE: Honourable Mr. Justice Martin James
COUNSEL: Timothy N. Sullivan for the Plaintiffs Robert N. Hall for the Defendants
COSTS ENDORSEMENT
James, J.
Released: July 29, 2016