CITATION: Bellsam Contracting Ltd. v. 2567714 Ontario Inc., 2025 ONSC 3596
SUPERIOR COURT OF JUSTICE – ONTARIO BETWEEN:
BELLSAM CONTRACTING LTD., Plaintiff/Defendant by Counterclaim (Moving Party)
AND:
2567714 ONTARIO INC., CORY TORGERSON, NADINE TORGERSON and
CAISSE POPULAIRE VOYAGEURS INC., Defendants/Plaintiffs by Counterclaim (Responding Parties)
BEFORE: Leiper J.
COUNSEL: Michael Simaan, for the Moving Party
Jeremy Rankin, for the Responding Parties
HEARD: In writing on June 17, 2025
COSTS ENDORSEMENT
LEIPER J.
1The plaintiff, Bellsam Contracting Ltd., moved to oppose confirmation of Associate Justice Robinson’s interim report following the trial of an issue in construction lien litigation between the
Page: 2
parties.1 I dismissed the motion and confirmed the interim report, with reasons to follow. These are those reasons.
2The defendants as the successful parties on this motion are entitled to their costs. The plaintiffs do not dispute this, but submit that the quantum sought is disproportionate to the issues and the time required. The plaintiff submits that costs in the amount of $30,000 would be proportionate to the work required and the issues in play. The plaintiff cites from the reasons of Associate Justice Robinson on costs which found that their costs submissions there were disproportionate to the issues in dispute.
3The defendants’ partial indemnity costs are calculated at $48,662.73 all inclusive for their costs. Alternatively however they seek substantial indemnity costs given that they made an offer to reduce the costs payable as ordered by Associate Justice Robinson in exchange for the plaintiff agreeing to a dismissal of this motion. The defendants have used a multiplier of 1.5 times their partial indemnity costs for a total of $72,994.10.
4In support of the work done and costs claims, the defendants submit they used lower cost associates and students, completed their materials in accordance with the court’s practice directions (the plaintiff did not), and reduced their hourly rates to be aligned with that of counsel to the plaintiff. I find that they have thus responded to the comments of AJ Robinson and modified their expectations of costs.
5I have considered the defendants’ success on this motion, their offer to settle which the plaintiff rejected, the importance of the issue, the length of time for the argument of the motion and the scale of the underlying litigation, including the costs the defendants were awarded by Associate Justice Robinson for the trial.
6In the circumstances, I find that a fair award of costs if $65,000 all inclusive of fees, disbursements and HST.
Leiper, J.
Released: June 17, 2025
Footnotes
- Reasons for decision reported at Bellsam Contracting Limited v. Torgerson, 2023 ONSC 468.