CITATION: Tribecca Development v. Danieli, 2016 ONSC 6693

COURT FILE NO.: CV-15-540954

DATE: 20161027

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Tribecca Development Corporation and Tribecca Finance Corporation, Applicants

AND:

Danieli Development Group Inc. and Max Danieli, Respondents

BEFORE: Stewart J.

COUNSEL: David M. Golden, for the Applicants

Fred A. Platt, for the Respondents

HEARD: In Writing

ENDORSEMENT

[1] In my endorsement of August 25, 2016, I invited the parties to deliver written submissions if costs were being sought. I now have received and considered those submissions.

[2] The Applicants achieved substantial success on the motion. Accordingly, they seek costs and argue that these should be awarded on a substantial indemnity basis in the amount of $14,803.00 plus disbursements of $750.72.

[3] The Respondents set out in their submissions their view of the history of this dispute and refer to a number of steps that they say were wasteful and for which the Applicants must bear responsibility. As a general observation, I expect that at least a good part of the work thus far will have relevance to the action as it proceeds and has not been unnecessarily wasteful.

[4] Nevertheless, the Danieli Respondents argue that they should be compensated for costs thrown away and/or extra costs in that regard. In my view, that argument is a matter that the trial judge may choose to entertain and determine after the trial and when the subject of costs of the proceedings is addressed by all parties.

[5] Dealing with the motion, I agree that the issue argued before me was quite uncomplicated and straightforward. In light of the factors governing costs, the materials filed on the motion and the time spent arguing it, I consider a fair and reasonable amount to award to the Applicants for costs is $5000.00, inclusive of disbursements and applicable taxes. The Respondents, jointly and severally, shall pay that amount to the Applicants within 30 days of today’s date.

Stewart J.

Date: October 27, 2016