Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: ROEL BRAMER, Applicant
AND:
THE TORONTO LAWN TENNIS CLUB, Respondent
BEFORE: Mr. Justice P.J. Cavanagh
COUNSEL: Robert L. Colson, for the Applicant
Kurt K. Pereira, for the Respondent
HEARD: March 14, 2017
COSTS ENDORSEMENT
1In my Endorsement on this motion, I invited counsel to make submissions with respect to the costs of this motion.
2The Applicant and responding party seeks an award of costs.
3The Respondent and moving party submits that, given that the determination of the treatment of the evidence at issue on this motion was reserved to the application judge, costs of this motion should be reserved to the application judge.
4In my Endorsement, I applied the decisions in Neighbourhoods of Windfields Limited Partnership v. Death, [2007] O.J. No. 3042 and Allianz Global Risks US Insurance Co. v. Canada (Attorney General), 2016 ONSC 29, [2016] O.J. No. 190 (S.C.J.). In those cases, the motion judge and Master, respectively, did not decide the merits of motions to strike out evidence pursuant to rule 25.11 and reserved costs of the motions to the judge hearing the application or motion on its merits.
5In Neighbourhoods, the motion judge wrote:
Since I have not made any specific rulings on the merits of the moving parties’ complaints they will be dealt with by the judge who hears the Application on its merits. The merits of the complaints would in my view be a significant factor in deciding what, if an[y] costs should be awarded - even though I have concluded that no remedy is warranted. Consequently, I order that the costs of these motions shall be reserved to the judge hearing the Application on its merits.
6In my view, the disposition as to cost that was made by Ferguson J. in Neighbourhoods is the appropriate disposition to be made in this case.
7Costs of this motion are, therefore, reserved to the judge hearing the Application.
Mr. Justice P.J. Cavanagh
Date: May 3, 2017