COURT FILE NO.: CV-16-0077-00
DATE: 2020-09-18
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
ADRIAN CHARLES KARASIEWICZ
J. Lester, for the Plaintiff
Plaintiff
- and -
CHIEF PETER COLLINS as a representative and on behalf of the FORT WILLIAM FIRST NATION BAND, and PETER COLLINS in his personal capacity
B. Smith, for the Defendant
Defendant
Mr. Justice W. D. Newton
Decision On Costs Amended
[1] I dismissed the plaintiff’s motion for judgement based on acceptance of an offer.
[2] The defendants seek costs, on a partial indemnity basis, of $7269.52.
[3] The plaintiff, although not successful, seeks costs of $4063.48.
[4] In this case, although successful, the defendants should not be entitled to costs. I rejected all the arguments made by defendants and ruled that the failure to withdraw the offer was an error on behalf of the defendants.
[5] This is a rare circumstance in which costs should be payable to the unsuccessful party. But for the error made by the defendants, this motion would not have been necessary. The plaintiff is entitled to his costs fixed in the sum of $4000 including HST. These costs are payable within 30 days.
“Original signed by”
The Hon. Mr. Justice W.D. Newton
Released: September 18, 2020
COURT FILE NO.: CV-16-0077-00
DATE: 2020-09-18
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
ADRIAN CHARLES KARASIEWICZ
Plaintiff
- and -
CHIEF PETER COLLINS as a representative and on behalf of the FORT WILLIAM FIRST NATION BAND, and PETER COLLINS in his personal capacity
Defendant
DECISION ON COSTS AMENDED
Newton J.
Released: September 18, 2020
/cjj