Notice of Application - Re: Commercial Tenancies (Cost Awards)

From Riverview Legal Group


911 Priority Corporation v. Murray, 2019 ONSC 3585 (CanLII)[1]

[72] Four people were cross-examined in this proceeding. The parties filed significant materials. The costs requested by both parties, on a partial indemnity basis, on a win or lose result were relatively close, being $30,000 all-inclusive for the Tenant and $25,000 all-inclusive for the Landlord.

[73] Ultimately, in fixing an amount for costs, the overriding principles are fairness and reasonableness. See Boucher v. Public Accountants, 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291.[2]

[74] In my view, a fair, reasonable and proportionate costs award for this motion is $27,000 all inclusive, which the Landlord shall pay to the Tenant within 30 days.

[1] [2]

References

  1. 1.0 1.1 911 Priority Corporation v. Murray, 2019 ONSC 3585 (CanLII), <http://canlii.ca/t/j0w1v>, retrieved on 2020-07-28
  2. 2.0 2.1 Boucher v. Public Accountants Council for the Province of Ontario, 2004 CanLII 14579 (ON CA), <http://canlii.ca/t/1hcgq>, retrieved on 2020-07-28