Court File and Parties
Court File No.: CV-15-522279 Date: 20170103 Superior Court of Justice - Ontario
Re: Russell G. V. Paul and Doreen G. Downs Paul, Plaintiffs/Respondents And: William V. Sasso, Sutts, Strosberg LLP, Ben Lansink and Lansink Appraisals and Consulting (also known as Wellington Realty Group Inc.), Defendants/Moving Parties
And Between: Lansink Appraisals and Consulting (also known as Wellington Realty Group Inc.), Plaintiff by Counterclaim And: Russell G. V. Paul, Doreen G. Downs Paul and TCB Realty Ltd, Defendants by Counterclaim/Respondents
Before: S. F. Dunphy, J.
Counsel: Roger Horst, for the Moving Party Defendants/Plaintiff by Counterclaim Ben Lansink and Lansink Appraisals and Consulting Inc. Russell G. V. Paul and Doreen G. Downs Paul, Self-Represented
Heard: In Writing
Costs Endorsement
[1] I released my reasons allowing in part and dismissing in part the motion for judgment of the defendant, plaintiff by counterclaim on December 1, 2016 (Paul v Sasso, 2016 ONSC 7488). I reserved my ruling on costs pending receipt of written submissions from the parties.
[2] I have now reviewed the written submissions of the parties. Each sought payment of their own costs from the other and neither thought it appropriate that they should pay the costs of the other in any amount.
[3] Success was indeed divided on this matter. The motion to dismiss the “main action” (main only because first in time) was allowed but the counterclaim was dismissed outright as against a party that should never have been joined in the first place (TCB Realty Ltd.) while the motion for judgment was dismissed as against the individual defendants by counterclaim.
[4] Having reviewed the submissions of the parties, I have determined that this is not an appropriate case to award costs to either side. Each side has had a substantive claim entirely dismissed as against it while the motion itself resulted in substantive vindication for the material parts of the positions taken by both sides.
[5] Order accordingly.
S. F. Dunphy, J. Date: January 3, 2017