Court File and Parties
CITATION: 2501373 Ontario Inc. et al. v. Selfe et al., 2026 ONSC 1467
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 2501373 ONTARIO INC., JOHN GOUDA and GREENFLOW ENVIRONMENTAL SERVICES INC., Applicants
AND:
BRIAN SELFE and MARK WIEDENER, Respondents
BEFORE: Schabas J.
COUNSEL: Vinayak Mishra, for the Applicants
Jordan Moss and Trent Howard, for the Respondents
HEARD: In writing
COSTS ENDORSEMENT
1I released Reasons on these two applications on September 12, 2025. The successful parties on both applications, Brian Selfe and Mark Wiedener, now seek their costs.
2The successful parties point to two offers to settle they made, one in each proceeding, which effectively invited the other parties to capitulate. They did not. The successful parties submit that this is a factor that supports awarding substantial indemnity costs from the date of the offers forward.
3I agree that the offers are a relevant consideration. However, an offer to capitulate is not an offer of compromise. An objective of Rule 40 offers is to promote settlement by encouraging compromise. In this case there was likely little room for compromise, and I am not inclined to give the offers much weight. Further, there was no egregious conduct in the court proceedings that would support an elevated award of costs.
4Accordingly, costs shall be awarded on a partial indemnity scale.
5I find the amounts requested excessive. The two applications proceeded together, and the focus was on the application to set aside the Arbitration Award. In my view, having regard to the factors in Rule 57.01, principles of proportionality and access to justice, and considering what the losing parties ought reasonably to have expected to pay in costs if unsuccessful, I fix costs in the amount of $20,000, inclusive of HST and disbursements.
Paul B. Schabas J.