KS SP Nominee Inc. v. I.A. Lawson Investment Holdings
KS SP Nominee Inc.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
KS SPI Nominee Inc.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
ARI SP Nominee Inc.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
I.A. Lawson Investment Holdings Inc.
Law Firm / Organization
Not Specified

Facts: KS SP Nominee Inc., along with related plaintiffs, sought default judgment against I.A. Lawson Investment Holdings Inc. for damages related to lease violations. The case involved discussions on HST, pre-judgment interest, and legal costs following a motion for default judgment.

Issues: Determinations were needed on the application of HST to awarded damages, the rate of pre-judgment interest based on the lease terms, and the amount of legal costs recoverable by the plaintiffs.

Court's Ruling:

  • The court clarified that only specific portions of the damages awarded were subject to HST.
  • Pre-judgment interest was awarded at the contractual rate for disposal and restoration costs, as outlined in the lease agreement.
  • Legal costs were awarded to the plaintiffs on a substantial indemnity basis, considering the work done and the lease agreement's terms.

Costs/Damages:

  • Legal fees of $27,002.25, HST of $3,510.29, and disbursements of $798.80 (plus HST) were deemed fair and reasonable.
  • Total costs awarded to the plaintiffs amounted to $31,385.41.
Superior Court of Justice - Ontario
CV-22-00689744
Real estate
$ 31,385
Plaintiff