Court File and Parties

COURT FILE NO.: CV-19-142538

DATE: 20220413

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ATTILA L. VINCZER, Plaintiff

AND:

CORPORATION OF THE TOWN OF NEWMARKET, TONY VAN BYNEN, JOHN TAYLOR, TOM VEGH, DAVE KERWIN, LINDA MORTON, BOB SHELTON, ESTHER ARMCHUK, RICK NETHERY, DAVE POTTER, CURTIS GREENHAM, MATTHEW GILL, GEOFF MCINTOSH, PRIESTLEY DEMOLITION INC, SOIL ENGINEERING LTD. and BERNARD LEE, Defendants

BEFORE: The Honourable Madam Justice C. Verner

COUNSEL: Self-represented, for the Plaintiff

Alex Michel, for the Defendant, SOIL ENGINEERING LTD. and BERNARD LEE
Albert M. Engel, for the Defendant, PRIESTLY DEMOLITION INC.

HEARD: April 13, 2022

ENDORSEMENT

[1] The moving party, Soil Engineers, is seeking costs for a motion brought last year. The moving party prepared the submissions on costs in October 2021, but I did not read them until today as a result of confusion on my end as to whether I had already dealt with this issue. For that, I apologize.

[2] I have reviewed the relevant material, including the bill of costs. I note that the plaintiff did not respond to the moving party's submissions on costs. I further note, as I did in my endorsement regarding costs for the other Defendant who was a moving party at the motion itself, Priestly Demolition, that "the Plaintiff did not complain of any wrongdoing on the part of the moving party in his statement of claim. Yet, in order to have the statement struck against it, the moving party had to bring multiple motions and attend court of multiple occasions. Much of the work could have been avoided had the Plaintiff acted reasonably.”

[3] Finally, I note that Priestly Demolition, was awarded $8,168.81.

[4] When all the factors under rule 57.01 are considered, I find that $8,500 is a fair and reasonable amount. I order accordingly.

Justice C. Verner

Date: April 13, 2022