Court File and Parties

Court File No.: C-629-16 Date: 2017/04/24 Superior Court of Justice – Ontario

Re: 2373322 ONTARIO INC., Applicant And: PAUL NOLIS and CATHY NOLIS, Respondents

Before: The Honourable Justice D.A. Broad

Counsel: R. Lanteigne, for the Applicant Respondents – Self-Represented

Costs Endorsement

[1] The parties have been unable to settle the issue of costs and have now delivered their costs submissions.

[2] The respondents, who are self-represented, seek costs totaling $2,335.50 comprised of $270.00 for bank fees on returned cheques of the applicant, legal expenses incurred with a lawyer who was not on the record of $870.50, being $750.00 plus HST, printing, copying and office supplies of $678.00, comprised of $600.00 plus HST and travel to Kitchener comprising 6 trips from Toronto at 0.60 per km, totaling $540.00.

[3] The applicant states that half of the claimed legal expenses or $423.75, half of the copying, and printing and postage expenses, or $339.00, would be reasonable. It disputes the claim for bank charges and travel expenses.

[4] I agree with the applicant’s position. The respondents did not provide particulars of the legal expenses, including a copy of his lawyer’s account. It must be assumed that they seek the entire amount of their lawyer’s account. Costs are only recoverable on a partial indemnity basis. One-half of the amount claimed would appear reasonable.

[5] No particulars of the printing, copying and office supplies claim are provided. In the absence of particulars the position of the applicant would be considered more than reasonable.

[6] Bank fees do not constitute costs of the proceeding, but rather would be considered damages. I make no ruling on whether they are otherwise recoverable.

[7] I reject the claim for travel expenses. The applicant was required to commence the proceeding in the Region of Waterloo by s. 66(3) of the Commercial Tenancies Act. Travel expenses are not included in Tariff A, Part II – Disbursements. The respondent did not specify the number of times he was required to attend at Kitchener for a court proceeding. In his submissions he references not only attendance at court but also attendance at the premises. In the circumstances I decline to exercise my discretion to allow travel costs.

[8] The applicant shall pay costs to the respondents fixed in the sum of $762.75 within 30 days of the date hereof.

D.A. Broad, J. Date: April 24, 2017