Court File and Parties

CITATION: Bramer v. The Toronto Lawn Tennis Club, 2017 ONSC 2765

COURT FILE NO.: CV-16-565686

DATE: 20170503

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

[1] In my Endorsement on this motion, I invited counsel to make submissions with respect to the costs of this motion.

[2] The Applicant and responding party seeks an award of costs.

[3] The 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.

[4] In 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.

[5] In 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.

[6] In 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.

[7] Costs of this motion are, therefore, reserved to the judge hearing the Application.

Mr. Justice P.J. Cavanagh

Date: May 3, 2017