CITATION: Willowbrook Nurseries Inc. v. Royal Bank of Canada, 2016 ONSC 6630
COURT FILE NO.: C-1066-10
DATE: 2016-10-24
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Willowbrook Nurseries Inc.
Plaintiff
– and –
Royal Bank of Canada
Defendant
Irwin A. Duncan and David M. Steele, Counsel for the Plaintiff
Milton A. Davis and Samantha M. Green, Counsel for the Defendant
The Honourable Mr. Justice R. D. Reilly
RULING AS TO COSTS
[1] The court delivered its judgment on August 11, 2016. Counsel have now filed written submissions with respect to costs, which I have read and considered carefully in determining what costs are appropriate.
[2] The trial lasted for some 8 days. The plaintiff, Willowbrook, was claiming damages in the amount of $463,757.24 for general damages, punitive, aggravated and exemplary damages. The court dismissed all claims for damages. The plaintiff pursued its claim for damages through trial, including its claim for punitive damages, which claim the court found was without merit.
[3] The defendant, Royal Bank of Canada, was completely successful at trial. All of the plaintiff’s claims were dismissed. The defendant now claims partial indemnity costs, inclusive of disbursements and taxes of $165,630.83. A detailed bill of costs is set out at Tab 1 of the defendant’s costs submissions. The plaintiff submits that both plaintiff and defendant should be expected, in the circumstances of this case, to bear their own costs. However, I concluded it is fair and reasonable that the plaintiff should pay the defendant’s costs on a partial indemnity basis. The claim made by the defendant, Royal Bank of Canada, is fair and reasonable and no more than the plaintiff should have expected to be liable to pay in this case.
[4] Given its lack of success on the claim. I therefore direct that the plaintiff, Willowbrook Nurseries Inc. shall pay costs of this action to the defendant, Royal Bank of Canada, in the amount of $165,630.83, inclusive of disbursements and HST. Costs are payable within 30 days.
R. D. Reilly J.
Released: October 24, 2016
CITATION: Willowbrook Nurseries Inc. v. Royal Bank of Canada, 2016 ONSC 6630
COURT FILE NO.: C-1066-10
DATE: 2016-10-24
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Willowbrook Nurseries Inc.
Plaintiff
– and –
Royal Bank of Canada
Defendant
RULING ON COSTS
R. D. Reilly J.
Released: October 24, 2016