Court File and Parties
Court File No.: CV-17-586737/CV-17-582274 Date: 20181119 Superior Court of Justice - Ontario
Re: Chadd Williams, Plaintiff And: Kamele Patricia Barrett and Dain Alphanso Barrett, Defendants
Before: Pollak J.
Counsel: Garth B. Dingwall, for the Plaintiff Shaneka Taylor and Carling Chan, for the Defendants
Heard: October 2, 2018
Endorsement
Costs
1I have reviewed the cost submissions of the parties. There was divided success between the parties in this trial. The Plaintiff asks for costs on a partial indemnity basis in the amount of $10,395, and the Defendants ask for costs on a partial indemnity basis of $50,079.72.
2I have reviewed the submissions of both parties with respect to costs and have considered the factors set out in the Rules of Civil Procedure and in the case of Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.). I agree with the submissions of the Defendants that they can be considered to have been the successful parties in this trial. The Defendants recovered the compensation they sought for their efforts in securing the mortgage for the Plaintiff. Further, the Defendants needed a mechanism to ensure that they would not be held liable for the amount of the mortgage on the expiration of its term.
3However, I also agree with the submissions of the Plaintiff that the amount of costs claimed by the Defendants should be adjusted as submitted by the Plaintiff.
Disposition
4Having considered all of these factors, I find that it is just to award costs, including disbursements and all applicable taxes, to the Defendants in the amount of $45,000 to be paid by the Plaintiff.
Pollak J.
Date: November 19, 2018