Court File and Parties

Court File No.: CV-18-00000047 OT Date: 20190523 Superior Court of Justice - Ontario

Re: Peter Butler, Applicant/Responding Party And: Kia Canada Inc. and James Campbell Services Ltd., Defendants/Moving Parties

Before: Regional Senior Justice M.K. Fuerst

Counsel: Michael R. Switzer, for Peter Butler Megan Keenberg and Mark Repath, for Kia Canada Inc. and James Campbell Services Ltd.

Heard: In Writing

Costs Endorsement

[1] This was a motion by the defendants to transfer the action from Perth to Oshawa. The motion was heard in writing.

[2] The factual foundation for the motion was not complex, the governing principles of law were not in dispute, and the materials filed were not voluminous.

[3] The defendants were successful on the motion and are entitled to costs. However, I find the amount sought, at over $12,000.00, to be excessive for a straight-forward in writing motion, particularly one brought in the context of a Simplified Procedure action.

[4] Of the two cases provided by the defendants in which costs in a similar range to that sought here were awarded, in one the amount was agreed on by the parties, and in the other the fees incurred by both parties were similar. Those scenarios are not comparable to this case.

[5] I order costs in the all-inclusive amount of $2,500.00, payable by the plaintiff to the defendants within 30 days.

Regional Senior Judge M.K. Fuerst Date: May 23, 2019