Codispodi v. Billard, 2017 ONSC 7429

Entitlement to Costs

The plaintiffs’ motions were heard together with the defendant’s motions. The most significant requests before the court were the plaintiffs’ request for an order that the defendant was precluded from impugning the validity of a settlement contract, and the plaintiffs’ request for an order that the proceeds of sale of the property be paid out to the plaintiffs. These two requests formed the basis for the plaintiffs’ summary judgment motion.

2I found that there were both procedural and legal irregularities in the plaintiffs’ summary judgment motion. Therefore, the plaintiffs’ motion for summary judgment was dismissed and the action will proceed to trial. As the successful party on this aspect of the motions, the defendant is entitled to some costs.

3I accept that both the plaintiffs’ motions and the defendant’s motions raised other procedural issues. However, in my view, those other issues were not significant in comparison to the plaintiffs’ motion for summary judgment. Further, I find that there was mixed success on these other matters.

[4]

Quantum of Costs

Accordingly, I find that the defendant is entitled to an award of costs on a partial indemnity basis in an amount that would be a modest conventional award for the successful defence of a summary judgment motion. I therefore fix those costs at $2500, plus HST of $325, plus disbursements of $1057.82, for a total of $3882.82.

[5]

Disposition

In summary, I order that the plaintiffs pay the costs of the defendant fixed at $3882.82, all-inclusive, payable within 30 days.

J. R. Henderson J.