Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: TRACEY OLIVER, Plaintiff
AND:
BRANDON ROBERT HANDLEY, Defendant
BEFORE: Stewart J.
COUNSEL: Yoni Silberman, for the Plaintiff
Oliver Guillaume, for the Defendant
HEARD: In Writing
ENDORSEMENT ON COSTS
1In my endorsement of September 1, 2016 I invited counsel for the parties to deliver written submissions on costs if that subject could not be agreed upon. I now have received and considered those submissions.
2The Plaintiff was successful in resisting the appeal from the Order of the Master which was the issue argued before me. The Plaintiff seeks costs on a substantial indemnity scale in the amount of $7905.48 or, alternatively, on a partial indemnity scale in the amount of $4694.59.
3The Plaintiff, having been successful in the appeal, is entitled to costs. However, I see no persuasive reason to award those costs on anything other than a partial indemnity scale.
4Given the number and nature of the issues raised on the appeal, the materials required to be prepared to deal with them as well as the time spent to argue them, I consider a fair and reasonable amount to award to the Plaintiff for costs is $4000.00, inclusive of disbursements and applicable taxes. The Defendant shall pay that sum to the Plaintiff as costs of the appeal within 30 days of today’s date.
Stewart J.
Date: October 26, 2016