CITATION: White v Hamelin, 2017 ONSC 4508
COURT FILE NO.: CV-15-6154
DATE: 2017/07/27
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
TROY WHITE and DARREN TURCOTTE CARRYING ON BUSINESS AS WHITE & TURCOTTE CONSTRUCTION
Dawood Ahmad, for the Plaintiffs
Plaintiffs
- and -
MARK HAMELIN, TRACY HAMELIN and COMPUTERSHARE TRUST COMPANY OF CANADA C/O FIRST NATIONAL FINANCIAL LP
Thomas J. Davis, for the Defendants Mark Hamelin and Tracy Hamelin
Defendants
James M. Butson, for the Defendant Computershare Trust Company of Canada c/o First National Financial LP
NADEAU j.
ENDORSEMENT COSTS
[1] I have considered the costs submissions filed by two of the parties, together with the First National Costs Outline.
[2] I have taken into account the factors enumerated under Rule 57, including the time spent, the result achieved, and the complexity of the matters, as well as the application of the principle of proportionality. In addition, I have considered the principles set forth by the Court of Appeal in Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (C.A.) and Davies v. Clarington (Municipality) (2009), 2009 ONCA 722, 100 O.R. (3d) 66 (C.A.), specifically that the overall objective of fixing costs is to fix an amount that is fair and reasonable for an unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant.
[3] I conclude that an award of costs in the amount of $3,500.00 all-inclusive would be a reasonable one in the circumstances, and I order the Plaintiffs to pay to First National that amount within 30 days.
Nadeau J.
Released: July 27, 2017
CITATION: White v Hamelin, 2017 ONSC 4508
COURT FILE NO.: CV-15-6154
DATE: 2017/07/27
ONTARIO
SUPERIOR COURT OF JUSTICE
TROY WHITE and DARREN TURCOTTE CARRYING ON BUSINESS AS WHITE & TURCOTTE CONSTRUCTION
Plaintiffs
– and –
MARK HAMELIN, TRACY HAMELIN and COMPUTERSHARE TRUST COMPANY OF CANADA C/O FIRST NATIONAL FINANCIAL LP
Defendants
ENDORSEMENT COSTS
Nadeau J.
Released: July 27, 2017