Court File and Parties
Court File No.: CV-23-00002911-0000 Date: 20241128 Superior Court of Justice – Ontario
Re: CORE CMCC CLONMORE LIMITED PARTNERSHIP and CORE DEVELOPMENT GROUP LTD., Plaintiffs And: RAW DESIGN INC., PIERRE-ALEXANDRE LE LAy and roland rom colthoff, Defendants
Before: Firestone RSJ
Counsel: C. Afonso and C. Breukelman, Plaintiffs C. Simco and M. Marrie, Defendants
Heard: In Writing: Thursday, November 28, 2024
Costs Endorsement
[1] By way of endorsement dated November 13, 2024, I granted the defendants’ motion for an order transferring this action from Milton (Central West Region) to the Toronto Region. The plaintiffs opposed the motion.
[2] A successful party is entitled to costs in the absence of a very good reason(s) not to award them: Schreiber v. Mulroney, [2007] O.J. No. 3191 (Sup Ct.) at para. 2.
[3] I have considered the submissions of counsel and the factors enumerated under rule 57 as well as the principle of proportionality.
[4] Further, I have taken into account the principles set forth by the Court of Appeal in Boucher v. Public Accountants Counsel for the Province of Ontario, (2004), 71 O.R. (3rd) 291 (C.A.), specifically that the overall objective of fixing costs is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant.
[5] Given the complexity of the matter and the result achieved, I order that the plaintiffs pay to the defendants partial indemnity costs in the all-inclusive amount of $2,980.00 within 60 days.
Firestone RSJ. Date: November 28, 2024