Court File and Parties

CITATION: Dart v. St. Jules, 2017 ONSC 4577

COURT FILE NO.: CV-13-473503

DATE: 20170728

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: JIM DART, Plaintiff/Respondent

AND:

PHILIP PAUL ST. JULES AND SHAUNA GRAY, Defendants/ Moving Parties

BEFORE: Stewart J.

COUNSEL: Laura Meschino, for the Plaintiff/Respondent

Ron Aisenberg, for the Defendants/Moving Parties

HEARD: In Writing

Costs ENDORSEMENT

[1] In my endorsement of May 19, 2017 I invited the parties to provide written submissions on costs if that subject could not be agreed upon by them. Counsel for the Defendants has provided such submissions. No submissions have been provided on behalf of Dart.

[2] The Defendants were successful in obtaining summary judgment dismissing this action and seek costs in an amount approaching $20,000.00.

[3] The amount in issue in this action was relatively modest. The motion was granted on the basis that a settlement had been agreed to by the Plaintiff.

[4] The action itself was dismissed at a comparatively early stage as a result of this motion.

[5] In my view, the amount sought by way of costs is somewhat disproportionate to the amount in issue and the straightforward nature of the issues raised by the parties. When this and the other factors relevant to costs are taken into account, I consider that the Defendants should receive their costs on a partial indemnity scale in the amount of $15,000.00, inclusive of all disbursements and applicable taxes, and I so order.

Stewart J.

Date: July 28, 2017