Court File and Parties

Court File No.: CV-16-00001082-SC Date: 2017-05-24 Superior Court of Justice - Ontario

Re: Carlos Leopoldino, Plaintiff And: EXPO 2000 AUTOBODY INC., Defendant

Before: Ferguson J.

Counsel: Andrew Ostrom, for the Plaintiff Tina Margellis, for the Defendant

Heard: In Writing

Endorsement on Costs

[1] On April 28, 2017, I dismissed the plaintiff's motion and indicated that I would receive brief written costs submissions. I have now received those costs submissions and these are my reasons with respect to costs.

[2] Pursuant to s. 131 of the Courts of Justice Act, subject to the provisions of an Act or Rules of Court, costs are in the court's discretion. The court may determine by whom and to what extent the costs shall be paid.

[3] Under Rule 57.01 the Court may consider the listed factors in awarding costs.

[4] The overall objective of the process is for the Court to fix an amount that is fair and reasonable for the unsuccessful party to pay on the particular proceeding. Boucher v. Public Accountants Council (Ontario), [2004] 71 O.R. (3d) 291 (C.A.).

[5] The fixing of costs by a judge is not an item by item assessment but a review of the factors in Rule 57.01(10).

[6] The defendant seeks costs ranging between $4534.60 and $6,802 being partial indemnity costs; something more than partial indemnity costs; and substantial indemnity costs. Although counsel for the plaintiff was on notice that the defendant would be seeking substantial indemnity costs should the motion not succeed, I do not see this as a case meriting substantial indemnity costs.

[7] The plaintiff takes issue with the amount being claimed and submits that partial indemnity costs of about $2295 would be in order.

[8] This was not a complicated motion. It was important to the defendant as the matter is well along its way in Small Claims Court. There was some duplication of time in the defendant's bills provided to me. Costs are fixed and are payable forthwith in the amount of $4,000 by the plaintiff to the defendant.

Ferguson J. Date: May 24, 2017