Court File and Parties

COURT FILE NO.: 16635/86

DATE: 2020-11-06

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: KARL HERMANNS, REGINA HERMANNS, FRANK HERMANNS, JORG HERMANNS, GERD HERMANNS by his Litigation Guardian, REGINA HERMANNS, HANNOVERIAN FARMS U.S. INC. and BARCREST FARMS OF AMERICA INC., Appellants/Plaintiffs

AND:

JOHN DWIGHT INGLE, NORTH CANADIAN INSCO GROUP LTD., and LANDO KRIEGER GOLDBERG INC. Trustee of the Estate of Barcrest Farms Inc., Respondents/Defendants

BEFORE: Paul B. Schabas J.

COUNSEL: Lorne Honickman, for the Appellants John Ingle, in person

HEARD: August 28, 2020

Costs Endorsement

[1] I allowed an appeal from a Master in this matter on September 22, 2020: Hermanns v. Ingle, 2020 ONSC 5715.

[2] In my Reasons, I requested submissions on costs from the appellants within 21 days and from the respondents 14 days later. I have not received any responding submissions from the respondents.

[3] The appellants now seek costs on a substantial indemnity basis in the amount of $10,891.88, citing the long history of this matter and the conduct of Mr. Ingle. However, this was an appeal from the Master’s decision, and I see no basis for awarding costs on an elevated basis for the appeal. While the earlier motion to the Master may have been due to the conduct of Mr. Ingle, he cannot be blamed for the appeal.

[4] Accordingly, the costs of the appeal should be on a partial indemnity basis.

[5] Under s.131 (1) of the Courts of Justice Act, the Court has a broad discretion when determining the issue of costs. It is to be guided by the factors in Rule 57.01, and it is well-accepted that the overall objective is to fix costs in an amount that is fair and reasonable for the unsuccessful party to pay having regard to the particular circumstances of the case: Boucher v. Public Accountants Counsel for Ontario, 2004 14579 (Ont. C.A.). As well, I am to bear in mind the principle of proportionality and should balance the indemnity principle with the fundamental objective of access to justice.

[6] I find the amount claimed to be reasonable and award the appellants costs of the appeal in the amount of $5,583.33.

Paul B. Schabas J.

Date: November 6, 2020