There were no circumstances to justify withholding costs of motion

Civil Practice and Procedure - Costs - Scale and quantum of costs

In 1996, MS became president of defendant company and was registered owner of single share. Assets owned by company included two taxis and other investments. In 2010, serious family argument occurred resulting in plaintiff MD and wife AD divorcing, and causing MD to become estranged from daughter MS and her husband. MD claimed he was true owner of company and demanded that MS transfer single share to him. MD brought unsuccessful action against MS, her husband, and company (collectively “defendants”) claiming declaration that MS was trustee holding share for his benefit. MS brought successful counter-claim for damages in amount of $49,000 based on allegation that MD made withdrawals from her credit card in that amount. Parties made submissions on costs. MD was ordered to pay costs to defendants on partial indemnity scale in amount of $287,291.87, inclusive of fees, disbursements, and HST. Defendants were successful parties and were entitled to costs. There were no circumstances to justify withholding costs of motion for summary judgment and appeal from defendants who were successful in cause. Hourly rate for defendants’ lead counsel was reasonable.

Drakoulakos v. Stirpe (2019), 2019 CarswellOnt 8183, 2019 ONSC 3183, Cavanagh J. (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 3077, 2019 ONSC 1430, Cavanagh J. (Ont. S.C.J.).

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