Court File and Parties
Court File No.: CV-16-544447 Date: 2017-01-09 Superior Court of Justice - Ontario
Re: Clifton A. Damallie, Plaintiff And: Paragon Protection Ltd., Defendant
Before: Stewart J.
Counsel: Clifton Anthony Damallie, In Person for the Plaintiff Morgan Martin, for the Defendant
Heard: In Writing
Endorsement
Costs
1In my endorsement of December 9, 2016 granting summary judgment dismissing the action, I invited written submissions on costs to be delivered if that subject could not be agreed upon by the parties. I now have received and considered those submissions.
2The defendant Paragon Protection Inc. was successful on its motion for summary dismissal of the action. No persuasive reason has been advanced by the Plaintiff as to why Paragon, as the successful party, should not recover an award of costs of the motion and the action.
3Paragon seeks costs on a substantial indemnity basis in the amount of $11,214.91. Although I am of the view that Paragon should recover its costs, I see no reasonable basis for awarding these on anything other than a partial indemnity basis.
Disposition
4Counsel for Paragon has submitted a detailed and reasonable Bill of Costs. When the time required to defend this action and to prepare and argue the motion are considered in light of the factors governing costs, as well as the reasonable expectations of the parties and the overarching principle of proportionality, I consider that the sum of $7500.00, inclusive of all disbursements and applicable taxes, is a fair and reasonable amount to award to Paragon for its costs. The Plaintiff therefore shall pay that amount to Paragon within 60 days of the date of this endorsement.
Stewart J.
Date: January 09, 2017