Court File and Parties
COURT FILE NO.: 27095/16 DATE: 2018-10-22
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
9448616 CANADA LTD. Plaintiff – and – FOCAL ELEMENTS LTD., and TVM SAULT INC. and TORONTO DOMINION BANK Defendants
Counsel: Adam Wainstock, for the Defendant, Focal Elements J. Spotswood, for the Defendant, TVM Sault Inc.
HEARD: Written submissions received
RASAIAH J.
DECISION ON COSTS
1I accept and considered paragraphs 2, 3, 4, 5 and 7 of Focal’s written submissions as to costs. I am satisfied on the basis of these considerations that this is a case where I should exercise my discretion to order costs and to do so on a substantial indemnity basis.
2As to the costs requested, I have no concerns with counsel experience; counsel rates and hours spent by counsel on the matters set out in the bill of costs. In my view, Focal seeks a reasonable amount of costs that the other party could reasonably expect to pay in the circumstances in respect of all of those steps outlined.
3I received no evidence suggesting that costs should not be ordered payable within 30 days.
4Based on all of the above, I hereby order costs to the defendant, payable by the plaintiff, in the amount of $6,836.47, inclusive of legal fees, HST and disbursements, payable within 30 days.
Rasaiah J.
Released: October 22, 2018