Court File and Parties
COURT FILE NO.: CV-12-468538 DATE: 20170531 ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
GREGORY P. KING Mr King, for himself Plaintiff
- and -
JOHN P. O’TOOLE and GOWLING LAFLEUR HENDERSON LLP Peter Wardle, for the Defendants Defendants
Costs Endorsement
[1] The defendants have been substantially, but not entirely successful. They should have a portion (but not all) of their partial indemnity costs.
[2] King submits that costs ought to be left to the trial judge or there ought to be no costs because success has been divided. I do not think that would be fair: two of the three claims have been dismissed outright. The third claim has survived a motion for summary judgment based solely on the limitations defence, but that issue remains for trial.
[3] The defendants seeks 2/3 of their partial indemnity costs of the motion, which they calculate at $12,877.35. This claim is entirely reasonable. It is so ordered, payable by King to the defendants, within 30 days.
D.L. Corbett J. Released: May 31, 2017
Additional Header (May 26, 2017)
COURT FILE NO.: CV-12-468538 DATE: 20170526 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
Gregory King Plaintiff
- and - O’Toole and Gowling Lafleur Henderson LLP Defendants
COSTS ENDORSEMENT
D.L. Corbett J. Released: May 26, 2017