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
1The 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.
2The 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.
3The 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.
4I 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.
5I 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