CITATION: Olesiuk v. Hilltop Water Service, 2016 ONSC 4936
COURT FILE NO.: 12424/09
DATE: 2016/08/03
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
John Olesiuk, Fay Olesiuk and Christina Olesiuk by her Litigation Guardian, Fay Olesiuk
Margaret A. Hoy, for the Plaintiffs
Plaintiffs
- and -
Hilltop Water Service, Charles Elston Vaughan and Shelly Vaughan
Kimberly A. Jossul, for the Defendants
Defendants
The Honourable Justice P. R. Sweeny
RULING ON COSTS
[1] On July 12, 2016 I released my endorsement with respect to this motion. The issues on the motion were as follows:
(1) Whether the costs should be fixed by the court on the motion;
(2) Whether the costs of the WSIAT proceeding were incidental to the action; and
(3) What impact, if any, does the conduct of the defendants have on entitlement to costs?
[2] The defendants claim significant costs. The defendants sought costs for the WSIAT hearing and for the conduct of the action.
[3] The defendants did seek to offer to settle the matter on the basis of payment of $10,000 all-inclusive. The plaintiff made no offer of settlement. The plaintiff had significant success on the motion in that the costs of the WSIAT proceeding were not awarded and there was a significant reduction in the fees claimed by the defendants. In essence, success was divided.
[4] In all the circumstances, there will be no order as to costs of the motion.
Sweeny J.
Released: August 3, 2016
CITATION: Olesiuk v. Hilltop Water Service, 2016 ONSC 4936
COURT FILE NO.: 12424/09
DATE: 2016/08/03
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
John Olesiuk, Fay Olesiuk and Christina Olesiuk by her Litigation Guardian, Fay Olesiuk
Plaintiffs
- and –
Hilltop Water Service, Charles Elston Vaughan and Shelly Vaughan
Defendants
RULING ON COSTS
Sweeny J.
Released: August 3, 2016