Court File and Parties

COURT FILE NO.: CV-17-00568437-0000

DATE: 20210629

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] 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.

[2] I now have received and considered those submissions.

[3] 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.

[4] City 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.

[5] City 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] 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