Court File and Parties

COURT FILE NO.: CV-15-2578-00

DATE: 2021-02-04

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Roger Gordon, Plaintiff

AND:

Blair Gordon, Defendant

BEFORE: Justice R. Chown

COUNSEL: Harry Mann, for the Plaintiff Tycho Manson, for the Defendant

HEARD: January 12, 2021

Endorsement

[1] The defendant has responded to the invitation at paragraph 47 of my January 12, 2021 endorsement to file submissions on costs if there were offers to settle or strong arguments for additional costs. I have reviewed his submissions and the plaintiff’s responding submissions.

[2] There were no offers to settle but the defendant has provided a bill of costs seeking an additional $4,919.11. The time spent by Mr. Manson does not exceed what I would have expected. However, while the plaintiff let this matter sit idle for five years, so did the defendant. It is the plaintiff’s obligation to advance a matter, but I do not wish to encourage the approach whereby the defendant just sits idle. The minimal costs I previously decided upon strike the correct balance, as far as I am concerned. The costs shall remain as in my endorsement of January 12, 2021.

Signed: Chown J.

Date: 4 February, 2021