Court File and Parties
COURT FILE NO.: CV-18-594153-0000
DATE: 2018/10/09
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Sheila Radovancevic
Plaintiff
– and –
3Gen Development Group Inc., 2577689 Ontario Ltd., Millie Quigley, Homeward Inc. o/a Real Estate Homeward Brokerage
Defendants
COUNSEL:
Peter Carlisi for the Plaintiff
Jamie VanWiechen for the Defendants 3Gen Development Group Inc. and 2577689 Ontario Ltd.
HEARD: In writing
Reasons for Decision – Costs
PERELL, J.
[1] In this action, the Plaintiff, Sheila Radovancevic, sued 3Gen Development Group Inc., 2577689 Ontario Ltd., Millie Quigley, and Homeward Inc. for damages arising from an abortive real estate transaction.
[2] Pursuant to Rule 21, the Defendant 3Gen Development moved for an Order striking out the Statement of Claim as disclosing no reasonable cause of action. In the alternative, pursuant to Rule 21, it moved for a determination that it was no longer a party to the written Agreement of Purchase and Sale and was not vicariously liable for the conduct of the Defendant, Millie Quigley. I dismissed 3Gen Development’s motion.[^1]
[3] As the successful party, Ms. Radovancevic requests costs on a full indemnity basis of $13,324.96, all inclusive.
[4] There is no basis for a punitive award of costs. Although unsuccessful, having regard to the poor drafting of the Statement of Claim, it was not unreasonable for 3Gen Development Group Inc. to bring the motion.
[5] The costs of this motion should be awarded based on the usual criterion including the fundamental principle that the costs be reasonable and within the reasonable expectations of the unsuccessful party.
[6] The Defendants submit that the appropriate award is $1,500 - all inclusive.
[7] I disagree with the Defendant’s submission as to quantum, and after reviewing the Plaintiff’s Bill of Cost, I fix costs at $6,500 - all inclusive.
[8] Order accordingly.
Perell, J.
Released: October 9, 2018
COURT FILE NO.: CV-18-594153-0000
DATE: 2018/10/09
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Sheila Radovancevic
Plaintiff
– and –
3Gen Development Group Inc., 2577689 Ontario Ltd., Millie Quigley, Homeward Inc. o/a Real Estate Homeward Brokerage
Defendants
REASONS FOR DECISION - COSTS
PERELL J.
Released: October 9, 2018
[^1]: Radovancevic v. 3Gen Development Group Inc., 2018 ONSC 4967.