Corporation No. 10, 2021 ONSC 2564

COURT FILE NO.: CV-20-652288

DATE: 20210406

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: COTTAGE ADVISORS OF CANADA INC., Applicant

AND: PRINCE EDWARD VACANT LAND CONDOMINIUM CORPORATION NO. 10, Respondent

BEFORE: Paul B. Schabas J.

COUNSEL: Megan Mackey for the Applicant Jason P. Mangano and Mahdi Hussein for the Respondent

HEARD: February 3, 2021

COSTS ENDORSEMENT

[1] On February 17, 2021 I released my Reasons in this application to strike down certain By-laws passed by the Respondent: Cottage Advisors of Canada Inc. v. Prince Edward Vacant Land Condominium Corporation No. 10, 2021 ONSC 1203.

[2] I invited written submissions on costs which have now been received.

[3] The parties agreed, prior to the release of my Reasons, that the successful party should be awarded $25,000 in costs.

[4] Both parties now assert they were successful and should obtain the full amount of the award. Although the Respondent proposed taking a small reduction in order to reflect the fact that on two issues the Applicant was successful, this was rejected and both sides have claimed they were the successful party, calling on me to award the full amount to one side or the other.

[5] In my view the Respondent was the successful party. Most of the impugned By-laws were upheld. Although the Applicant was successful on two issues, overall success was achieved by the Respondent. It is simply not tenable to state, as the Applicant does in its written submission, that it was “largely successful.

[6] Accordingly, the Respondent shall be awarded costs of $25,000.00 inclusive of disbursement and HST.

[7] I note that after preparing this endorsement I became aware of further unsolicited submissions by the parties informing me that the Applicant was appealing my decision. It is of course open to either party to appeal, or cross-appeal, my decision, and learning of the appeal has not influenced my endorsement.

Paul B. Schabas J.

Date: April 6, 2021