Court File and Parties
COURT FILE NO.: 10024/08 DATE: 2017/06/30
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
1238915 Ontario Limited Plaintiff (Responding Party)
- and -
Andrew Adam Ferri, Inter-fund Mortgage Corporation, Universal Management Consultants Inc., Niagara Home Builders Inc. and Connie Nothdurft Defendants (Moving Party – Andrew Ferri)
Before: The Honourable Justice T. Maddalena
Counsel: Martin E. Tiidus, for the Plaintiff (Responding Party) Andrew Ferri, Self-represented (Moving Party)
COSTS ENDORSEMENT
[1] I heard this long motion at Welland, Ontario on April 4, 2017, and rendered my decision on April 7, 2017. I have now received and reviewed costs submissions of both the plaintiff and the defendant Andrew Ferri.
[2] This long motion was a summary judgment motion by the defendant Andrew Ferri seeking a dismissal of the plaintiff’s claim.
[3] For reasons provided, the summary judgment motion brought by Andrew Ferri was dismissed.
Plaintiff’s Position
[4] The plaintiff was completely successful and costs should be awarded on a partial indemnity basis to the plaintiff.
[5] The actual fees are $16,147.37 inclusive of disbursements and HST.
[6] The plaintiff claims costs on a partial indemnity basis fixed at $9,688.42 all inclusive.
The Position of the Defendant Andrew Ferri
[7] The defendant’s position is that the costs of the failed summary judgment motion should be dealt with by the trial judge.
Analysis
[8] I am satisfied that the plaintiff, as the successful party, is entitled to costs on a partial indemnity basis.
[9] Rule 57.01(1) of the Rules of Civil Procedure outlines the factors for the court’s consideration.
[10] Although the defendant was a self-represented litigant, he previously had the benefit of legal counsel. He is aware of the costs consequences in court proceedings.
[11] Having considered all of the factors outlined in rule 57 of the Rules of Civil Procedure, I am satisfied that the fees charged and the time spent by plaintiff’s counsel are all reasonable.
[12] Further, the amount claimed on a partial indemnity basis is eminently reasonable given the importance of a summary judgment motion.
[13] I am also mindful of the principles enunciated by the court in the case of Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (CA), wherein the court stated, in part, as follows:
Subrule 57.01(3) lists a broad range of factors that the court may consider in exercising its discretion to award costs, and the fixing of costs is not simply a mechanical exercise. The fixing of costs does not begin or end with the calculation of hours times rates. The overall objective is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances, rather than an amount fixed by the actual costs incurred by the successful litigant.
[14] Having considered all of the relevant factors and principles enunciated therein, I am satisfied that an award of costs on a partial indemnity basis, fixed at $9,688.42 all inclusive, is reasonable and appropriate.
Order
[15] The defendant Andrew Ferri shall pay to the plaintiff the sum of $9,688.42 all inclusive within 30 days.
Maddalena J.
Released: June 30, 2017