Court File and Parties

COURT FILE NO.: C-977-13 DATE: 2016-09-15

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

Pylon Paving (1996) Inc. Plaintiff

– and –

Arrow Lofts Inc., Stonerise Construction Inc., and The Toronto-Dominion Bank Defendants

COUNSEL: A. Conte, for the Plaintiff M. Butkus, for the Defendants

BEFORE: The Honourable Mr. Justice P. J. Flynn

COSTS RULING

[1] This case was really about the totally unsuccessful and misguided counterclaim.

[2] While the Plaintiff’s modest claim was cut in half by the court, the Defendants made no points whatsoever on their late-to-the-party $175,000 counterclaim.

[3] The Defendants were unrealistic and unreasonable in insisting until the end that the entire deck be replaced.

[4] Moreover, although I clearly directed that the Defendants deliver a Costs Outline, none was delivered.

[5] And while not complaining about the Plaintiff’s time, rates or disbursements, the Defendants submit that because of my rather arbitrary reduction of the Plaintiff’s claim – occasioned by my need to send a message to all players in the industry – the fees portion of the Plaintiff’s costs claim be reduced by 50%.

[6] I decline to do this.

[7] Accordingly, I fix the Plaintiff’s costs in the amount sought, $33,462.36.

[8] I am not interested in revising the arithmetic of the Plaintiff’s claim by means of this Costs Ruling.

P. J. Flynn J. Released: September 15, 2016