PPF Investments v. Goodall, 2019 ONSC 1738

Court File and Parties

Court File No.: CV-17-580809 Date: 2019-03-19 Superior Court of Justice - Ontario

Re: PPF Investments Inc., Plaintiff And: Mackenzie Susan F. Goodall and Robert Goodall, Defendants

Before: Justice Edward P. Belobaba

Counsel: Adam Ezer for the Plaintiff (Defendant by Counter-claim) Paul Pape and Cristina Senese for the Defendants (Plaintiffs by Counter-claim)

Heard: February 1, 2019

Costs Award

1In a decision released on February 15, 2019, I considered cross-motions for summary judgment arising out of the termination of a commercial lease. [1] I decided largely in favour of the tenant. I dismissed the landlord’s motion for summary judgment and also the landlord’s action. I granted the tenant’s cross-motion for summary judgment on the liability portion of her cross-claim and sent her damages cross-claim to trial.

2The successful tenant now seeks her costs.

3I begin by noting that this matter was proceeding under the simplified procedure set out in Rule 76. The essence of a costs award in this context is that “costs incurred must be reasonable and proportionate to the amount recovered.” [2]

4The tenant seeks a total costs award of $78,060. This request is neither reasonable nor proportionate given that that the “amount recovered”, that is the landlord’s claim that was dismissed, was only $66,496. Add to this the fact that the tenant’s cross-motion for summary judgment on her damages claim was dismissed and is proceeding to trial, one must conclude that a reasonable and proportionate costs award should be less than $60,000.

5The landlord’s overall legal costs, on a partial indemnity basis, for both the action and the summary judgment motion were $53,503. The landlord suggests that an award of $45,000 all-inclusive would be fair and reasonable and appropriately proportionate.

6I agree with the landlord. Costs are therefore fixed at $45,000 all-inclusive, payable forthwith by PPF Investments to Kenzie Goodall.

Footnotes

[1] PPF Investments v. Goodall, 2019 ONSC 974. [2] Daboll v. DeMarco, 2011 ONSC 2836 at para. 19; Trafalgar Industries of Canada Ltd. v. Pharmax Ltd. (2003) , 64 O.R. (3d) 288 (SCJ) at paras. 11-12.