CITATION: Symtech Innovations Ltd. v. The Toronto Transportation Commission et al., 2026 ONSC 3859
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Symtech Innovations Ltd.
Plaintiff/ Defendants by Counterclaim
– and –
The Toronto Transportation Commission, Toronto Transit Commission, Toronto Transit Commission (formerly the Toronto Transportation Commission) and Siemens Canada Limited/ Siemens Canada Limitée
Defendant/ Plaintiffs by Counterclaim
Emilio Bisceglia, for the Plaintiff
Christopher M. Stanek, for the Defendant Siemens Canada Limited/ Simens Canada Limitée
READ: July 2, 2026
DES ROSIERS J.
Overview
1The plaintiff, Symtech, brought a motion to oppose the confirmation of a report from a referee on a construction lien matter. The referee had granted a partial summary judgement. I dismissed the motion: I considered that the referee had considered the appropriate test and had applied it in a reasonable manner which did not amount to an error justifying overruling the referee.
2The defendant, Siemens, claims costs in the amount of $40,872.16. Symtech argues that the cost should be deferred to the final disposition of the reference or reduced to $30,000.
Decision
3For the reasons below, I award costs to Siemens in the amount of $35,000.
Issues
4The issues are:
-whether the award of costs should be deferred to the final determination of the reference?
-In the alternative, what amount of costs is reasonable and fair?
Whether the award of costs should be deferred to the final determination of the reference?
5Costs on a motion should be determined following the motion decision: r. 57.03 of the Rules of Civil Procedure. Symtech argues that since Associate Justice Robinson has determined that the costs of the proceedings heard by him that led to the partial summary judgement should be reserved for the final determination of the reference, the costs of the review should similarly be reserved to the final determination of the reference. I disagree. The motion in front of me was a review of the Associate Justice’s decision. It is appropriate that the costs follow the determination of the review. In general, costs should be awarded for every step of the litigation process.
What amount of costs is reasonable and fair?
6Pursuant to s. 131(1) of the Courts of Justice Act, R.S.O. 1990, c. C.43, costs are in the discretion of the court. Rule 57 of the Rules sets out the factors which courts should have regard to when awarding costs. The overall objective is “to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular proceeding, rather than an amount fixed by the actual costs incurred by the successful litigant”: Zesta Engineering Ltd. v. Cloutier (2002), 2002 CanLII 25577 (ON CA), 21 C.C.E.L. (3d) 161 (Ont. C.A.), at para. 4; Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (C.A.), at para. [26](https://www.minicounsel.ca/oca/2004/14579