ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Rosalyne Froese
Margaret A. Hoy, for the Plaintiff (Moving Party)
Plaintiff
- and -
Complex Services Inc.
Kimberly D. Pepper, for the Defendant (Respondent)
Defendant
The Honourable Justice T. Maddalena
COSTS ENDORSEMENT
1I heard this long motion at Welland on September 14, 2016. The decision was released October 5, 2016.
2I have received and reviewed costs submissions of both parties.
3The defendant seeks its costs on a partial indemnity basis, together with HST and disbursements, fixed in the amount of $6,379.48, payable within 30 days.
4The applicant submits that a more appropriate disposition is that each party should bear their own costs of the motion or, in the alternative, an award of costs to be paid by the plaintiff to the defendant should be in the range of $1,500.
5In accordance with rule 57.01 of the Rules of Civil Procedure, the defendant was wholly successful on the motion and should be awarded costs.
6I have also considered those principles enunciated in rule 57.01.
7Further, as outlined in the case of Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291, para. 26, the Court held as follows:
“… [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.”
8While the motion was of average complexity, the nature of the relief sought necessitated a detailed summary of the proceedings from the very beginning. This motion was brought more than six years after the cause of action arose and approximately four years after the litigation commenced.
9The defendant was successful on all aspects of the motion.
10Costs are therefore to be paid by the applicant to the respondent on a partial indemnity basis.
11The costs outline of the defendant is reasonable given the circumstances of this case. Therefore, costs are payable by the applicant to the respondent fixed at $6,000 (rounded all-inclusive) payable within 90 days.
Order
12The following order is made:
- The applicant shall pay to the respondent costs fixed at $6,000, all-inclusive, within 90 days.
Maddalena J.
Released: December 6, 2016
CITATION: Froese v. Complex Services Inc., 2016 ONSC 7632
COURT FILE NO.: 5120/12
DATE: 2016/12/06
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Rosalyne Froese
Plaintiff
(Moving Party)
- and –
Complex Services Inc.
Defendant
(Respondent)
COSTS ENDORSEMENT
Maddalena J.
Released: December 6, 2016