Court File and Parties

Court File No.: C-214-15 Date: 2018/09/21 Superior Court of Justice - Ontario

Re: TANIA IVIC, Plaintiff And: VELIBOR BORO LAKOVIC and UNITED TAXI LIMITED a.k.a. United Taxi Transportation Service (K-W) Ltd. and DUSAN TOSIC, Defendants

Before: Mr. Justice D.A. Broad

Counsel: Monica Machado, for the Plaintiff J. Sebastian Winny, for the Defendant Dusan Tosic

Costs Endorsement

[1] The parties have evidently failed to reach agreement on the question of costs and Mr. Winny, on behalf of the defendant Dusan Tosic has delivered submissions on costs.

[2] No costs submissions have been delivered on behalf of the plaintiff.

[3] The defendant Tosic seeks costs on a partial indemnity basis of the plaintiff’s action against him, including the plaintiff’s motion to amend the Statement of Claim and his motion for summary judgment, in the sum of $5,333.07, comprised of fees of $1,795, counsel fee on the hearing of the motions of $2,500, HST on fees in the sum of $558.35 and disbursements in the sum of $479.72.

[4] In my view there is no reason why the usual rule that costs should follow the event should not apply. Mr. Tosic is therefore entitled to costs against the plaintiff.

[5] The absence of any submissions on costs on behalf of the plaintiff makes it difficult for the court to gauge her reasonable expectations with respect to costs in the event that she were unsuccessful on the motions. However, Mr. Winny, in his submissions, notes that the plaintiff’s Costs Outline, served by Ms. Machado, was for almost $8,000 on a partial indemnity scale. Given this, a reasonable inference may be drawn from the failure of counsel for the plaintiff to deliver costs submissions, are that the plaintiff is satisfied with the claim for costs advanced by the defendant Tosic.

[6] I find that partial indemnity costs in the sum of $5,333.07, as set forth on Mr. Tosic’s Bill of Costs, is an amount that is fair and reasonable for the plaintiff to pay in the particular circumstances of this case.

[7] As requested by Mr. Winny, the costs award in favour of the plaintiff in the sum of $632.50 on October 14, 2016 are to be set off against this amount.

[8] On the basis of the foregoing, it is ordered as follows:

(a) the plaintiff shall pay partial indemnity costs of the action, including the plaintiff’s motion to amend the Statement of Claim and the defendant Tosic’s motion for summary judgment, to the defendant Tosic fixed in the sum of $5,333.07;

(b) the costs award against the defendant Tosic in favour of the plaintiff in the sum of $632.50 on October 14, 2016 shall be set off against the foregoing award of costs; and

(c) the net amount, after application of the set off, in the sum of $4,700.57 shall be paid by the plaintiff to the defendant Tosic within 30 days hereof.

D.A. Broad, J. Date: September 21, 2018