CITATION: PRW Excavating Contractors Ltd. v. Louras, 2016 ONSC 7631
COURT FILE NO.: 10308/15
DATE: 2016/12/06
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
PRW Excavating Contractors Ltd.
Gary H. Enskat, for the Applicant
Applicant
- and -
Nicholas Louras (also known as Nick Louras), Sylvana Louras, 992498 Ontario Inc., 1149821 Ontario Limited, 1006178 Ontario Limited, 1006178 Ontario Limited carrying on business as All Pro Rentals and All Pro Equipment
Paul R. Heath, for all Respondents except 992498 Ontario Inc. and
All Pro Equipment
Respondents
The Honourable Justice T. Maddalena
COSTS ENDORSEMENT
[1] I heard this long motion on August 30, 2016 at Welland. I rendered a decision which was released September 9, 2016.
[2] I have now received and reviewed costs submissions on behalf of both the applicant and the respondents.
[3] The applicant seeks costs on a solicitor and client basis, inclusive of disbursements, fixed at $28,157.62.
[4] The respondents submit that any costs awarded should be on a partial indemnity basis. This should be 60% of the rate charged by the applicant’s counsel and ultimately, the respondents submit, any costs should be fixed at $10,000 all-inclusive.
[5] No offers to settle were served by either party.
[6] All of the principles enunciated in rule 57.01 of the Rules of Civil Procedure apply.
[7] Further, I also apply those principles enunciated in the case of Boucher v. Public Accountants Council for the Province of Ontario, 2004 14579 (ON CA), 71 O.R. (3d) 291. In that case the Court concluded, in part, as follows at para. 26:
“… [T]he fixing of costs does not begin and end with a calculation of hours times rates. The introduction of a costs grid was not meant to produce that result, but rather to signal that this is one factor in the assessment process, together with the other factors in rule 57.01. Overall, as this court has said, the objective is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular proceeding, rather than an amount fixed by the actual costs incurred by the successful litigant.”
Given all of the circumstances in this case, including lengthy protracted litigation necessitated at times by some of the actions of the respondents, costs ought to be fixed on a substantial indemnity basis in favour of the applicant.
[8] Accordingly, costs are fixed, payable by the respondents to the applicant, in the amount of $21,000 all-inclusive (rounded).
Order
[9] The following order is made:
- The respondents shall pay to the applicant costs fixed at $21,000 all-inclusive.
Maddalena J.
Released: December 6, 2016
CITATION: PRW Excavating Contractors Ltd. v. Louras, 2016 ONSC 7631
COURT FILE NO.: 10308/15
DATE: 2016/12/06
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
PRW Excavating Contractors Ltd.
Applicant
- and –
Nicholas Louras (also known as Nick Louras), Sylvana Louras, 992498 Ontario Inc., 1149821 Ontario Limited, 1006178 Ontario Limited, 1006178 Ontario Limited carrying on business as All Pro Rentals and All Pro Equipment
Respondents
COSTS ENDORSEMENT
Maddalena J.
Released: December 6, 2016