Law of Costs on a Notice of Application (ROCP)

Smiles First Corporation v. 2377087 Ontario Ltd., 2017 ONSC 5081 (CanLII)

[3] The Applicants submit that, in accordance with the decision of the Court of Appeal for Ontario in Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291, the guiding objective for the court when deciding costs 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. The Applicant submit that they had prepared a Bill of Costs to be submitted that the hearing of the application in an amount, on a partial indemnity scale, of $27,075.28 inclusive of disbursements and HST. They submit that an award of partial indemnity costs of $27,000 represents a fair and reasonable amount of costs that the applicants could reasonably have expected to pay in this application as the unsuccessful litigant. They deny that 237 incurred unnecessary costs as a result of steps taken by the Applicants which are alleged to have been improper or unnecessary.