Belle River District Minor Hockey Assoc. Inc. v. Corp. of Town of Tecumseh, DC-117-ML
2016 ONSC 7758
DATE: 20161209
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Court File No. DC-116-ML
Amyotrophic Lateral Sclerosis Society of Essex County
Plaintiff
– and –
The Corporation of the City of Windsor
Defendant
- and -
Belle River District Minor Hockey Association Inc., and Essex County Dancers Incorporated
Plaintiffs
- and –
The Corporation of the Town of Tecumseh
Defendant
Peter W. Kryworuk, Kevin L. Ross and Brian N. Radnoff, for the Plaintiff
Scott C. Hutchison and Brendan van Niejenhuis, for the Defendant
Court File No. DC-117-ML
Peter W. Kryworuk, Kevin L. Ross and Brian N. Radnoff, for the Plaintiffs
Scott C. Hutchison and Brendan van Niejenhuis, for the Defendant
HEARD: Written submissions
Proceeding under the Class Proceedings Act, 1992
reasons on costs re motion for leave to appeal
carey J.:
[1] I received cost submissions from both parties. This was a leave motion done entirely in writing. The successful defendants seek partial indemnity costs in the amount of $10,000. They rely on the fact the damage claim is in the tens of millions of dollars and that the issues are of importance. It is further submitted that it was not reasonable for the plaintiffs to bring the motion. Counsel for the plaintiffs reference the cost award of just under $13,000 for the contempt motion as a reasonable measuring stick for this motion. They emphasize that it was done in writing and the primary effort was expended by the losing side. They suggest a cost award of $5,000 is appropriate.
[2] In the circumstances, given the costs awarded on the contempt motion itself and the merits of the leave application as expressed in my decision, I fix costs at $6,500 payable forthwith.
Original signed by Justice Thomas J. Carey
Thomas J. Carey
Justice
Released: December 9, 2016
Belle River District Minor Hockey Assoc. Inc. v. Corp. of Town of Tecumseh, DC-117-ML
2016 ONSC 7758
DATE: 20161209
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Amyotrophic Lateral Sclerosis Society of Essex County
Plaintiff
– and –
The Corporation of the City of Windsor
Defendant
Proceeding under the Class Proceedings Act, 1992
- and -
Belle River District Minor Hockey Association Inc., and Essex County Dancers Incorporated
Plaintiffs
- and –
The Corporation of the Town of Tecumseh
Defendant
Proceeding under the Class Proceedings Act, 1992
reasons on costs re motion for leave to appeal
Carey J.
Released: December 9, 2016