Court File and Parties

CITATION: Oliver v. Handley, 2016 ONSC 6669

COURT FILE NO.: CV-15-523041

DATE: 20161026

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

[1] In 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.

[2] The 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.

[3] The 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.

[4] Given 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