Court File and Parties
CITATION: Cyr v. Calypso Park Inc., 2017 ONSC 2564
COURT FILE NO.: 12-54440
DATE: 2017/05/01
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Francine Cyr, Plaintiff/Moving Party
AND:
Calypso Park Inc. (Ontario Corp. Number 1756128) c.o.b as Calypso Park and Calypso Waterpark and Calypso Theme Waterpark and Calypso, Defendant/Responding Party
BEFORE: Madam Justice L. Sheard
COUNSEL: Richard Auger and Hilary Chung, for the Plaintiff/Moving Party
Sally Gomery and Mark Gallagher, for the Defendant/Responding Party
HEARD: By Written Submissions
Endorsement on Costs
Madam Justice L. Sheard
[1] The plaintiff’s motion for leave to appeal from the Order of Madam Justice Corthorn dated December 9, 2016 was dismissed by me on March 17, 2017, with costs.
[2] The defendant, Calypso Park Inc. (“Calypso”) seeks its costs on a partial indemnity scale which it calculates at the rate of 60% of the actual fees incurred by Calypso in responding to the motion for leave to appeal.
[3] The plaintiff submits that costs should be borne by each party but then submits that the costs of the motion for leave to appeal should be in the range of $3,500 to $4,500.
[4] Calypso’s partial indemnity costs, before HST, are $4,424.70. The plaintiff takes no issue with the disbursements charged by Calypso in the amount of $349.76 plus HST.
[5] In consideration of the positions taken by the parties and applying the principles as set out in Boucher v. Public Accountants Council (Ontario) (2004), 2004 CanLII 14579 (ON CA), 71 OR (3d) 291 (ONCA), I fix the costs of Calypso for the motion for leave to appeal in the amount of $4,349.76 ($4,000 plus disbursements of $349.76), plus HST of $565.47, for a total cost award of $4,915.23. As requested by Calypso, and in keeping with the Order of Justice Corthorn, costs are payable by the plaintiff in any event of the cause within 60 days of the decision.
L. Sheard J.
Released: May 1, 2017
CITATION: Cyr v. Calypso Park Inc., 2017 ONSC 2564
COURT FILE NO.: 12-54440
DATE: 2017/05/01
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Francine Cyr, Plaintiff/Moving Party
AND
Calypso Park Inc., Defendant/Responding Party
BEFORE: Madam Justice L. Sheard
COUNSEL: Richard Auger and Hilary Chung, for the Plaintiff/Moving Party
Sally Gomery and Mark Gallagher, for the Defendant/Responding Party
ENDORSEMENT ON COSTS
L. Sheard J.
Released: May 1, 2017