SUPERIOR COURT OF JUSTICE - ONTARIO

RE: The Bank of Nova Scotia v. George Pappas

2019 ONSC 1745

COURT FILE NO.: CV-11-423167

BEFORE: MASTER R. A. MUIR

COUNSEL: Sean Zeitz for the plaintiff Terry Corsianos for the defendants George Pappas, Olympia Pappas, Vlas Pappas and Magnum Windows and Doors Ltd.

HEARD: 2018 12 14

SUPPLEMENTARY REASONS FOR DECISION - COSTS

[1] On December 14, 2018 I heard a motion brought by the defendants George Pappas, Olympia Pappas, Vlas Pappas and Magnum Windows and Doors Ltd. (collectively, the “Pappas Defendants”). The Pappas Defendants sought an order requiring the plaintiff to pay the Pappas Defendants’ costs of this discontinued action.

[2] I released my decision on February 4, 2019. The Pappas Defendants had asked for full indemnity costs of approximately $65,000.00. I ordered the plaintiff to pay the costs of the Pappas Defendants in the amount of $22,800.00. I also requested written costs submissions in relation to the costs of the motion. I have now reviewed and considered those submissions.

[3] The Pappas Defendants argue that they were mostly successful on the motion. They obtained an order for part of the costs they requested. They submit that $10,000.00 is fair and reasonable and takes into account a reduction for the lack of complete success.

[4] The plaintiff submits that the outcome of the motion was a draw. It takes the position that there should be no order for costs.

[5] In my view, the Pappas Defendants were the successful party and are entitled to costs. However, the costs awarded were only about one third of what the Pappas Defendants were seeking. In addition, I found that the plaintiff had some justification for commencing the action and that the Pappas Defendants failed to make a reasonable offer to settle.

[6] For these reasons, it is my view that a costs order for this motion in the same percentage as the costs awarded for the action is fair and reasonable in the circumstances. The costs outline of the Pappas Defendants identifies partial indemnity costs of approximately $13,000.00. I am therefore ordering the plaintiff to pay one third of the Pappas Defendants’ partial indemnity costs of this motion, which are hereby fixed in the amount of $4,300.00, inclusive of HST and disbursements. These costs shall be paid by April 17, 2019.

Master R. A. Muir

DATE: 2019 03 18