Court File and Parties

COURT FILE NO.: CV-16-549176 DATE: 20170511 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

7MARLI LIMITED Plaintiff – and – PET VALU CANADA INC. Defendant

COUNSEL: A Irvin Schein for the Plaintiff Christopher Selby for the Defendant

HEARD: In writing

PERELL, J.

Reasons for Decision - Costs

[1] In this case, a commercial tenant, Pet Valu Canada Inc., stopped paying rent and vacated its premises in a plaza. The landlord, 7Marli Limited, did not re-enter to terminate the lease and instead sued progressively for unpaid rent. The landlord moved for a partial summary judgment for some of that unpaid rent. I granted a partial summary judgment for $101,209.16. See 7Marli Limited v. Pet Valu Canada Inc., 2017 ONSC 1796. The landlord now seeks costs for the partial summary judgment.

[2] The landlord submitted a costs outline claiming $8,742.91, all inclusive. The costs outline advanced a claim for the partial summary judgment motion and for 25% of the time spent on pleadings, productions and discoveries. The landlord submitted that it was reasonable to assume that 25% of the time spent on those steps was related to the issues raised on the summary judgment motion.

[3] The tenant submitted that the amount claimed for costs was excessive and that the appropriate award is $4,500, all inclusive, which award would be just the costs of the partial summary judgment motion.

[4] I agree with the tenant that the costs should be just of the motion, with the costs for the time spent on pleadings, productions, and discoveries all remaining to be determined in the cause. I also agree with the tenant that the quantum of costs should be $4,500 all inclusive. Order accordingly.

Perell, J.

Released: May 11, 2017