COURT FILE NO.: CV-18-25963

DATE: 20190919

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Angela Beniuk and Dennis Beniuk

Plaintiffs

– and –

The Corporation of the Municipality of Leamington

Defendant

COUNSEL:

Raymond G. Colautti, for the Plaintiffs

Tom Serafimovski, for the Defendant

HEARD: Written submissions

RULING ON costs

CAREY J.

[1] I have received costs submissions from both parties. This is not a case for substantial indemnity costs. I disagree with the characterization by the defendants of the plaintiffs’ actions as improper. The arguments put forth on behalf of the plaintiffs by counsel and the steps taken on their behalf were, in my view, done within the boundaries of the law and were not such as to attract the punitive consequences of substantial indemnity costs. I accept the submission of the plaintiffs that the defendants’ costs should be fixed at $11,850, inclusive of HST. That is higher than the partial indemnity costs request of the defendants but is based on the rounded difference between the plaintiffs own partial indemnity costs outlined and that of the defendants. It is a fair submission in the circumstances. Costs are payable to the defendants within 30 days.

Original signed by Justice Thomas J. Carey

Thomas J. Carey

Justice

Released: September 19, 2019

COURT FILE NO.: CV-18-25963

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Angela Beniuk and Dennis Beniuk

Plaintiffs

– and –

The Corporation of the Municipality of Leamington

Defendant

RULING ON Costs

Carey J.

Released: September 19, 2019