Court File and Parties

COURT FILE NO.: CV-16-550435 DATE: 20181017 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: DAVID JACOBS, Plaintiff/Responding Party AND: LEBOEUF PROPERTIES INC., Defendant/Moving Party

BEFORE: Dietrich J.

COUNSEL: Robert J. Kennaley, for the Plaintiff/Responding Party Andrew Rance, for the Defendant/Moving Party

HEARD: In writing

Costs Endorsement

[1] The plaintiff brought a claim for breach of contract and in negligence against the defendant and sought damages in the amount of $100,000.

[2] The defendant was successful in its motion under rule 21 of the Rules of Civil Procedure in striking out the plaintiff’s statement of claim as disclosing no reasonable cause of action. The plaintiff’s claim was dismissed.

[3] In accordance with the long-standing general principle that a successful property is entitled to its costs, and having identified no reason to depart from that principle, the defendant shall be entitled to its costs.

[4] The defendant was able to resolve the case prior to examinations for discovery and no affidavit evidence or cross examination on affidavits was necessary. Accordingly, the costs of both parties were contained and the use of court resources was minimized.

[5] The defendant submitted a costs outline showing legal fees of $16,167.50 plus HST and disbursements of $1,443.51 plus HST. The defendant proposed a total costs award of $10,000. Under the circumstances of this case I find this amount to be fair and reasonable.

[6] The plaintiff did not submit a costs outline but advised the court that he does not find the partial indemnity award of $10,000 to be unreasonable in the circumstances.

[7] Accordingly, having taken into account the relevant legal principles as they apply to this case as well as the submissions of the parties, I order the plaintiff to pay the defendant costs of $10,000.

Dietrich J. Date: October 17, 2018