CITATION: Keele Medical Properties Ltd. v. TSCC No. 1786, 2017 ONSC 6137
COURT FILE NO.: CV-15-533147
DATE: 20171016
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
KEELE MEDICAL PROPERTIES LTD.
Applicant
– and –
TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1786
Respondent
Norman Ronski, for the Applicant
Antonio G. Casalinuovo and Megan Molloy, for the Respondent
HEARD: In Writing
V.R. CHIAPPETTA j.
[1] The Respondent is seeking its costs of the Application on a full indemnity basis in the amount of $164,443.16 or alternatively on a substantial indemnity basis in the amount of $133,852.47. The Respondent was entirely successful on the Application, which was dismissed in its entirety. The value of the condominium lien was $242,954.07 at the time of registration. The Applicant chose not to file costs submissions.
[2] I have considered the factors outlined in Rule 57 of the Rules of Civil Procedure. I have also considered the principle of proportionality. Further I have considered the April 11, 2016 offer to settle of the Applicant and the June 1, 2016 offer to settle of the Respondents. Also significant in this case is that the Respondent is a non-profit corporation and thus wholly dependent upon the payment of common expenses by all of its unit owners to meet its financial obligations. The Respondent’s By-Law 1 and Declaration are both clear that the Respondent’s costs incurred in this Application will be payable by the Applicant on a full indemnity basis. I see no reason to ignore the parties’ governing documentation.
[3] For this reason, in my view, it is fair and reasonable for the Respondent to seek its costs on a full indemnity basis. Upon review of the costs outline I find that neither the time nor the hourly rate charged therein are unreasonable. Costs are therefore fixed at $164,443.16 and made payable by the Applicant to the Respondent within 30 days.
V.R. Chiappetta J.
Released: October 16, 2017
CITATION: Keele Medical Properties Ltd. v. TSCC No. 1786, 2017 ONSC 6137
COURT FILE NO.: CV-15-533147
DATE: 20171016
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
KEELE MEDICAL PROPERTIES LTD.
Applicant
– and –
TORONTO STANDARD CONDOMINIUM CORPORATION NO. 1786
Respondent
COSTS JUDGMENT
V.R. Chiappetta J.