Court File and Parties

Court File No.: CV-14-517336 Date: 20180815 Superior Court of Justice - Ontario

Re: JASMINE THEBERGE-LINDSAY, Plaintiff - and - 3395022 CANADA INC. O/A KUTCHER DENTISTRY PROFESSIONAL CORPORATION, Defendant

Before: Madam Justice V.R. Chiappetta

Read: In Writing

Counsel: Ryan Kornblum, for the plaintiff Chris Dockrill, for the defendant

Endorsement

[1] The trial of this action took place before me over the course of less than two days. The plaintiff was awarded judgment in the amount of $69,091.12. The plaintiff now seeks her costs of the action in the amount of $26,198.65 which represents actual legal fees plus HST and disbursements.

[2] This was not a complicated case. There is no reason to award the plaintiff her actual costs incurred. Considering the principle of proportionality, the plaintiff’s request is not consistent with what an unsuccessful party could reasonably expect to pay as costs for this simplified procedure matter. In my view, considering the factors enumerated at Rule 57.01(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, it is a fair and reasonable exercise of my discretion under section 131 of the Courts of Justice Act, R.S.O. 1990 c. C.43 to fix costs of this action at $15,000 inclusive.

V.R. Chiappetta J. Released: August 15, 2018