Court File and Parties
Court File No.: CV-16-129006-00
Date: 2018-05-18
Superior Court of Justice - Ontario
Re: Loulla Neophytou, Plaintiff
And: Virginia Fraser and the Estate of James Wyllie Fraser by its Estate Trustee Virginia Fraser, Defendant
Before: Madam Justice V.R. Chiappetta
Counsel: Kevin D. Sherkin and Ryan Wozniak, for the Plaintiff Andrew C. Lusk, for the Defendants
Heard: In Writing
Endorsement
[1] The defendant made an unsuccessful motion for an order transferring the within action to the Toronto Region and consolidating the within action with Ontario Superior Court of Justice Court File Number CV-13-485656 (the Toronto Action). As the successful party on a motion, the plaintiff seeks its costs of $7,082.73 on a partial indemnity basis including disbursements and taxes.
[2] The defendant submits that costs should be in the cause or determined by the Judge hearing this proceeding or, alternatively, that all parties should bear their own costs of this motion. I disagree. I see no reason why the successful party on this step in the proceeding should not be entitled to its costs today, on a partial indemnity basis.
[3] In balancing the discretionary factors set out in Rule 57.01 (1) of the Rules of Civil Procedure, R.R.O. Reg. 194 c. C. 43, it is noted that the motion was not complex but was significantly important to both parties. The plaintiff filed detailed evidence on the motion explaining the history of both actions and explaining why a consolidation order would not result in the most just and expeditious resolution of the proceedings. This evidence was accepted by the court in large part and relied upon in rendering its conclusions. Considering the reasonable expectations of the parties for a motion in writing such as this and considering the principle of proportionality, in my view it is a reasonable and fair exercise of my discretion to fix costs at $6,000.00 inclusive.
V.R. Chiappetta J.
Date: May 18, 2018