Court File and Parties

2020 ONSC 2443 COURT FILE NO.: CV 17-6733 DATE: 2020/04/21 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Dennis Harwood Plumbing Ltd., Plaintiff AND: 1382538 Ontario Inc. o/a Rick Champagne Construction and 2181738 Ontario Limited, Defendants

BEFORE: Nadeau J.

COUNSEL: Paul Trenker, for the Plaintiff Samuel I. Nash, for the Defendant 2181738 Ontario Inc. No one appearing for the Defendant 1382538 Ontario Inc.

HEARD: January 29, 2020

Addendum on Costs

[1] The main issue in this action was that the defendant 1382538 Ontario Inc. failed to pay the plaintiff for its subcontract work. The owner of the property in question, 2181738 Ontario Inc., was named in this action because of its Construction Lien Act holdback obligation; which it did maintain. The defendant 2181738 Ontario Inc. would not be in this action had the other defendant abided by its contractual obligations, and now seeks costs on a substantial indemnity basis in the amount of $8,245.18 as against that other defendant.

[2] On February 22, 2019, I ordered that the other defendant’s Statement of Defence and Counterclaim be struck and that it be noted in default. I further ordered that the plaintiff be awarded default judgment plus costs against the other defendant 1382538 Ontario Inc. On March 1, 2019, for reasons orally indicated that day in this action, and considering what I had also heard that day in Court file CV 17-6708, I denied Rick Champagne leave for him to represent 1382538 Ontario Inc.

[3] I have considered the cost submissions filed by the defendant 2181738 Ontario Inc., together with the bill of costs. I have taken in account the factors enumerated under r. 57, including the time spent, the result achieved, and the complexity of the matters, as well as the application of the principle of proportionality. In addition, I have considered the principles set forth by the Court of Appeal in Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.) and Davies v. Clarington (Municipality) (2009), 2009 ONCA 722, 100 O.R. (3d) 66 (C.A.), specifically that the overall objective of fixing costs is to fix an amount that is fair and reasonable for an unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant.

[4] I conclude that an award of costs in the amount of $8,245.18 would be a reasonable one in these circumstances, and I order that 1382538 Ontario Inc. pay to 2181738 Ontario Inc. that amount within 30 days.

COVID-19 Nadeau J. Date: April 23, 2020