Court File and Parties

Court File No.: SR1652/10, SR1652/10A, SR1652/10B, SR1652/10C, SR1652/10D, SR1652/10E, SR1652/10F, SR1652/10G Date: 2019-01-16 Superior Court of Justice – Ontario

Re: Muriel L. Beckett and Frederick A. Beckett (1652/10); John Hill and Karen Hill (1652/10A); Peter Gleeson and Susan Gleeson (1652/10B); Richard Elston (1652/10C); Michael Dorschner and Donna Dorschner (1652/10D); Peter O’Brien and Elizabeth O’Brien (1652/10E); Harry Pockett and Noreen Pockett (1652/10F); Terrel Keith Wallace and Janis Lynn Wallace (1652/10G), plaintiffs

And: Ridgeway Estates Ltd and Robert Mills (all actions), defendants

Before: Mr Justice Ramsay

Counsel: Margaret A. Hoy for the plaintiffs Gary H. Enskat for the defendant Robert Mills

Endorsement

[1] The remaining defendant, Robert Mills, brought a motion for summary judgment. I gave him summary judgment on three minor aspects of the claim. I denied summary judgment on the two main claims. My endorsement can be found at 2019 ONSC 112. Both parties now ask for costs.

[2] The plaintiffs submit that the motion for summary judgment did not negate the need for a trial. It only added to the cost of the proceedings without negating the need for a trial or reducing the time needed for trial to any significant extent. They ask for substantial indemnity based on an actual costs of about $43,000.

[3] The defendant submits that he had success in eliminating three claims and reducing the time needed for trial. He asks for partial indemnity based on actual costs of about $33,000.

[4] I think that the plaintiffs as the successful party should be partially indemnified. That indemnity, however, should be reduced to reflect the defendant’s success on the minor issues. I do not agree with the plaintiffs that it was unreasonable for the defendant to bring the motion.

[5] I award the plaintiffs $15,000 costs and order the defendant to pay this amount within 31 days.

J.A. Ramsay J. Date: 2019-01-16