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
1Pursuant 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.
2After 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.
3I 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.
4Deciem, which wrote detailed and comprehensive costs submissions, seeks substantial indemnity costs of $61,094.98.
5In 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.
6The Landlord wrote short, superficial, non-responsive, and unhelpful costs submissions.
7The 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.
8There was no divided success. The Landlord lost, and it needlessly ran up the expense of the litigation.
9The 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.
10I 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