2468390 Ontario Inc. v. 5F Investment Group Inc., 2017 ONSC 5779

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

1In 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.

2The 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.

3As 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.

4The 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.

5The 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.

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

7In 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.