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
1This case was really about the totally unsuccessful and misguided counterclaim.
2While 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.
3The Defendants were unrealistic and unreasonable in insisting until the end that the entire deck be replaced.
4Moreover, although I clearly directed that the Defendants deliver a Costs Outline, none was delivered.
5And 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%.
6I decline to do this.
7Accordingly, I fix the Plaintiff’s costs in the amount sought, $33,462.36.
8I 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