COURT FILE NO.: 56453/16 DATE: 2017/03/20
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: 2311888 Ontario Inc. and Pride Homes by Fred Hendriks Inc., Plaintiffs AND: Nancy Ross and Frederick Ross a.k.a. Fred Ross, Defendants
BEFORE: The Honourable Justice J. R. Henderson
COUNSEL: J. Leigh Daboll, for the Plaintiffs John K. Lefurgey, for the Defendants
Corrected Decision – March 22, 2017
Counsel for the Plaintiffs has been corrected to indicate J. Leigh Daboll and Counsel for the Defendants has been corrected to indicate John K. Lefurgey. No changes to the content have been made.
Costs Endorsement
[1] The defendants were the successful parties on the defendants’ motion for security for costs as the court ordered the plaintiffs to post security for costs in the amount of $18,000 plus HST on or before April 15, 2017. This order represents security for the costs until the completion of the examinations for discovery.
[2] Although the defendants obtained the aforementioned order, I find that the defendants were not completely successful on this motion as the defendants had requested an order for security for costs in the amount of $55,000 for the entire proceeding. There are no relevant offers to settle this motion from either party. I find that the motion was not particularly complex, but that it was important to both sides.
[3] In consideration of these factors and the amount of security ordered, in my view the defendants are entitled to something less than complete partial indemnity costs.
[4] Therefore, I order costs of the motion fixed at $6,000 all-inclusive payable by the plaintiffs to the defendants within 30 days.
J. R. Henderson J. Released: March 20, 2017