12 Apr 2023
2090950 Ontario Ltd. v. Wild Wing Restaurant Inc.
In the case of 2090950 Ontario Ltd. v. Wild Wing Restaurant Inc. dated April 12, 2023, costs submissions were heard from the parties subsequent to a four-day summary trial. The Plaintiff, 2090950 Ontario Limited, had sought costs following the Trial Judgment in their favor. The trial had resulted in a ruling that the Defendant, Wild Wing Restaurants Inc., was to pay $334,484.56 in damages for breach of lease to the Plaintiff. Additionally, the Defendant, Rick Smiciklas, had been held personally liable and had been ordered to pay $20,000 to the Plaintiff.
The framework for determining costs had been outlined under Rule 57.01 of the Rules of Civil Procedure, encompassing various factors such as the trial outcome, lawyers' experience, complexity, and conduct of the parties. While the Plaintiff had succeeded in many aspects, certain claims had been dismissed, including the Plaintiff's claim against Smiciklas for personal liability and the Defendant's set-off defense.
Considering the complexity and significance of the issues, the court had awarded costs in the amount of $24,720.96, covering fees, disbursements, and applicable taxes. This amount had been deemed reasonable and proportionate to the value of the judgment. The costs order had been payable by both Defendants jointly and severally, with post-judgment interest calculated from April 6, 2023. The court's decision had aimed to align with fairness, the outcome of the trial, and the expectations of the unsuccessful Defendants.