Court File and Parties

Court File No.: 17-02 (Walkerton) Date: 2017-04-20 Superior Court of Justice - Ontario

Re: Robert Jamieson, Applicant -and- Bart Toby/Chief Building Official for the Town of Saugeen Shores, Town of Saugeen Shores and Weichold Limited, Respondents

Before: Van Melle J.

Counsel: Eric Davis, for the Applicant Julia M. Fischer, for the Respondents, Bart Toby and the Corporation of the Town of Saugeen Shores Nicholas A. G. Lovell and John D. Middlebro’, for the Respondent, Weichold Limited

Costs Endorsement

VAN MELLE J.

[1] The Respondents were successful on the Application and are presumptively entitled to costs. The Respondents, Bart Toby and the Town of Saugeen Shores seek substantial indemnity costs in the amount of $11,514.05 all inclusive; partial indemnity costs of $9,823.65. The Respondent Weichold Limited seeks costs of $9,639.24, of which $3,742.05 is for a letter of opinion from G.S.S. Engineering Consultants Limited.

[2] Bart Toby and Saugeen Shores seek costs on a substantial indemnity basis. They served an Offer to Settle the Application (heard February 23, 2017) on February 17. They offered to have the Application dismissed on a without costs basis.

[3] The Applicant submits that this is a situation in which it would be “fair and just” to order the parties to pay their own costs. In the alternative he asks that costs be awarded on a partial indemnity basis.

[4] I do not accept the Applicant’s position. This matter was not complex or novel.

[5] The Offer to Settle of the Respondents, Toby and Saugeen Shores, was served too late to engage full substantial indemnity costs. However, had the offer been accepted, the hearing of the application and attendant costs would have been avoided.

[6] The Respondents’ partial indemnity costs are reasonable. An order will issue that the Applicant pay the Respondents, Toby and Saugeen Shores, costs in the amount of $9,823.65 and the Respondent, Weichold, costs in the amount of $9,639.24.

Van Melle J. Released: April 20, 2017