CITATION: 1127776 Ontario Limited v. Deciem Inc., 2017 ONSC 2008
COURT FILE NO.: CV-16-551496
DATE: 20170330
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
1127776 ONTARIO LIMITED
Plaintiff
– and –
DECIEM INC.
Defendant
Stephen R. Jackson for the Plaintiff
Delna Contractor for the Defendant
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] Pursuant to a lease dated August 1, 2012, the Plaintiff, 1127776 Ontario Limited (“the Landlord”) leased premises at 301-909 Queen Street East, Toronto, Ontario. The tenant, Deciem Inc., vacated the premises, and the Landlord claimed: (1) outstanding Additional Rent; and (2) damages caused by the removal of Deciem’s trade fixtures, the removal of fixtures, and failure to leave the premises in a state of good repair.
[2] After the action, which originally began in the Small Claim Court, was transferred to this court, Deciem brought a motion for summary judgment to have the Landlord’s action dismissed and for repayment of its security deposit.
[3] I granted Deciem, which had served a Rule 49 Offer to pay the Landlord $7,587.17, a summary judgment of $10,163.32, plus interest, payable by the Landlord. See 1127776 Ontario Limited v. Deciem Inc., 2017 ONSC 862.
[4] Deciem, which wrote detailed and comprehensive costs submissions, seeks substantial indemnity costs of $61,094.98.
[5] In the alternative, Deciem seeks partial indemnity costs to the date of the Rule 49 Offer ($30,002.29) with substantial indemnity costs thereafter of $12,610.80 and full costs for revising its original factum ($2,778) for a total claim of $45,391.09.
[6] The Landlord wrote short, superficial, non-responsive, and unhelpful costs submissions.
[7] The Landlord submitted that it should receive costs of $13,819.00. In the alternative, the Landlord submitted that there had been divided success and, therefore, each party should bear their own costs.
[8] There was no divided success. The Landlord lost, and it needlessly ran up the expense of the litigation.
[9] The Landlord’s costs submissions provide no justification for awarding it costs, and no reason to deny Deciem’s costs claim of $45,391.09, all inclusive.
[10] I award Deciem $45,391.09, all inclusive.
Perell, J.
Released: March 30, 2017
CITATION: 1127776 Ontario Limited v. Deciem Inc., 2017 ONSC 2008
COURT FILE NO.: CV-16-551496
DATE: 20170330
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
1127776 ONTARIO LIMITED
Plaintiff
– and –
DECIEM INC.
Defendant
REASONS FOR DECISION - COSTS
PERELL J.
Released: March 30, 2017