2017 ONSC 6148
COURT FILE NO.: 11663/17
DATE: 2017/10/13
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
620369 Ontario Inc. c.o.b. as Herman’s Building Centres
Rachel Goerz, for the Plaintiff/Respondent
Plaintiff/Respondent
- and -
Chris Dunham
Margaret A. Hoy, for the Defendant/Appellant
Defendant/Appellant
The Honourable Justice T. Maddalena
DECISION ON COSTS
[1] I heard this motion at Welland, Ontario on September 6, 2017. I rendered my endorsement on the motion on September 11, 2017. I have received costs submissions on behalf of the plaintiff/respondent. The costs submissions of the defendant/appellant were due on October 10, 2017. Nothing was received by the court on that day. Submissions were received October 13, 2017 and are not considered in these reasons.
[2] The plaintiff (respondent on motion) seeks costs on a substantial indemnity scale, fixed at $2,029.30 all-inclusive or, in the alternative, on a partial indemnity basis fixed at $1,588.60 all-inclusive.
[3] The plaintiff/respondent was the successful party in the motion. Therefore, the plaintiff is entitled to costs.
[4] Rule 57.01(1) of the Rules of Civil Procedure outlines the factors for consideration by the court in an award of costs. Further, in the case of Boucher v. Public Accountants Council for the Province of Ontario, 2004 CanLII 14579, the court noted as follows at para. 24:
In our view, the costs award should reflect more what the court views as a fair and reasonable amount that should be paid by the unsuccessful parties rather than any exact measure of the actual costs to the successful litigant.
[5] In para. 38, the court noted as follows:
In deciding what is fair and reasonable, as suggested above, the expectation of the parties concerning the quantum of a costs award is a relevant factor ….
[6] I have further reviewed and considered the bill of costs submitted by the plaintiff’s counsel. I find the hourly rate of counsel, work done, and disbursements are all reasonable.
[7] Considering those factors outlined in Rule 57.01(1) and the principles of reasonableness and proportionality, I conclude that costs should be fixed and payable by the defendant to the plaintiff in the amount of $1,588.60, payable within 30 days.
Order Made
[8] The following order is made:
The defendant shall pay costs to the plaintiff fixed at $1,588.60 all-inclusive within 30 days.
Maddalena J.
Released: October 13, 2017
2017 ONSC 6148
COURT FILE NO.: 11663/17
DATE: 2017/10/13
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
620369 Ontario Inc. c.o.b. as
Herman’s Building Centres
Plaintiff/Respondent
- and –
Chris Dunham
Defendant/Appellant
DECISION ON COSTS
Maddalena J.
Released: October 13, 2017