Court File and Parties

Citation: 2468390 Ontario Inc. v. 5F Investment Group Inc., 2017 ONSC 5779 Court File No.: CV-17-568310 Date: 2017-10-03 Superior Court of Justice - Ontario

Re: 2468390 Ontario Inc., Plaintiff And: 5F Investment Group Inc. and OTT Financial Inc., Defendants

Before: Stewart J.

Counsel: Soloman Lam, for the Plaintiff Scott A. Rosen, for the Defendants

Heard: In Writing

Costs Endorsement

[1] In my decision of August 11, 2017 I invited counsel for the parties to deliver written costs submissions if that subject could not be agreed upon by them. I now have received and considered those submissions.

[2] The Plaintiff was successful on its summary judgment motion and achieved the result it sought. It likewise was successful in resisting the Defendants’ cross-motion for summary judgment.

[3] As a result, the Plaintiff seeks costs in the amount of $37,011.28. That amount represents partial indemnity costs to the date of its offer to settle delivered on February 1, 2017 and substantial indemnity costs thereafter.

[4] The Defendants take the position that the amount of costs requested in the circumstances is excessive. It points out that there were no examinations or cross-examinations in the proceeding, and the amount sought is disproportionate to the $178,000.00 at issue in it.

[5] The Defendants further assert that their own costs were only $18,000.00, and that the figure sought by the Plaintiff therefore is in excess of what might be within the reasonable expectations of the losing party.

[6] I note that both sides to this dispute endeavoured to ensure that the issue was advanced and argued in the most efficient and economical manner.

[7] In all of the circumstances, and considering the factors relevant to an award of costs including the overriding principle of proportionality, I am of the view that the amount requested by the Plaintiff is too high. Rather, I consider that a fair and reasonable amount for the Plaintiff to receive for its costs is $25,000.00, inclusive of all disbursements and applicable taxes, and I so order.

Stewart J.

Date: October 03, 2017