Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: City Star Roofers Inc., Plaintiff
AND:
2169462 Ontario Limited and Ormont Holdings Inc.
BEFORE: Stewart J.
COUNSEL: Amandeep Sidhu, for the Plaintiff/Defendant by Counterclaim
John Lo Faso, for the Defendant, 2169462 Ontario Limited/Plaintiff by Counterclaim
HEARD: In Writing
ENDORSEMENT
[1]
Background
In my decision of April 6, 2021, I invited counsel for the parties to deliver written submission on costs if that subject could not be agreed upon by them.
2I now have received and considered those submissions.
[3]
Positions of the Parties
The Defendant seeks costs of the motion on a substantial indemnity basis in the amount of $19,597.81. It relies on having made a series of favourable offers to settle and, in particular, an offer of payment to City Star of $20,000.00 on September 2, 2020 which was rejected.
4City Star argues that the principal relevant issue on the motion was only whether a breach of Minutes of Settlement entered into by the parties on February 28, 2020 had occurred.
5City Star accepts that the Defendant, having been successful on the motion, is entitled to an award of costs but that such amount should not exceed $5,000.00. It submits that the motion was not complex and that, as relevant background, City Star had completed and satisfied the significant majority of the noted deficiencies in its work.
[6]
Analysis and Disposition
In my view, although the Defendant is entitled to costs of the motion, the amount requested is excessive in all of the circumstances. I consider a fair, reasonable and proportionate amount to award to the Defendant as costs of the motion is $10,000.00, inclusive of all disbursements and applicable taxes. An order to that effect shall issue accordingly.
Date: June 29, 2021