Court File and Parties

COURT FILE NO.: CV-17-579334 DATE: 20180927 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Catharine Patricia Patterson, Applicant AND: York Condominium Corporation No. 70 and Olena Myronyuk, Respondents

BEFORE: Pollak J.

COUNSEL: Michael Spears and Puja Walia, for the Applicant Megan Mackey, for the Respondents

HEARD: June 1, 2018

Costs Endorsement

[1] I received submissions from the parties and have considered those submissions in light of the factors set out in the Rules and in the case of Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.).

[2] The successful Respondent in this Application requests that the Court order costs on a substantial indemnity basis against the unsuccessful Applicant. It urges the Court to make this significant cost award to serve as a deterrent to the unsuccessful Applicant “from bringing an immeritorious lawsuit” in the future.

[3] The unsuccessful Applicant, on the other hand, argues that it would be fair and reasonable to award her costs on a partial indemnity basis, notwithstanding the fact that the Applicant was wholly unsuccessful on the Application. She asked that the Court award costs in the amount of $41,156.72 to be paid by the Condominium Corporation to her.

[4] I have read and considered the submissions of the parties, and I have taken into account the factors set out in Rule 49 and Rule 57.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. I am required to award costs that are reasonable and fair. See Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.).

[5] I do not accept the submissions of the unsuccessful Applicant. I also do not accept the submissions of the successful Respondent Condominium Corporation that costs should be awarded against the Applicant on a substantial indemnity basis. Although I do agree that the Application did not have merit, I do not find that the Applicant has crossed the threshold requirement to be met with an award against her on a substantial indemnity basis. I have reviewed the Corporation’s request for an award of costs on a partial indemnity basis in the amount of $14,646.32. In light of the costs that are being requested by the Applicant to be awarded (an amount in excess of $41,000), I find that it is just and reasonable to make an award of costs for the Applicant to pay the Corporation’s costs on a partial indemnity basis in the amount of $14,646.

Pollak J. Date: September 27, 2018