COURT OF APPEAL FOR ONTARIO
CITATION: Payne v. Windsor (City), 2012 ONCA 714
DATE: 20121024
DOCKET: C54435 and C54438
Goudge, Gillese and Armstrong JJ.A.
BETWEEN
Hilary Payne and Lawrence Leigh
Applicants
and
The Corporation of the City of Windsor, Canadian Transit Company, Edgar Francis, Dave Brister, Drew Dilkens, Ron Jones, Caroline Postma, Alan Halberstadt, Fulvio Valentinis, Ken Lewenza Jr., Biagio Marra, Jo-Anne Gignac and Percy Hatfield
Respondents (Appellant)
AND BETWEEN
Hilary Payne and Lawrence Leigh
Applicants (Appellants)
and
The Corporation of the City of Windsor, Canadian Transit Company, Edgar Francis, Dave Brister, Drew Dilkens, Ron Jones, Caroline Postma, Alan Halberstadt, Fulvio Valentinis, Ken Lewenza Jr., Biagio Marra, Jo-Anne Gignac and Percy Hatfield
Respondents
Ms. Paula Lombardi, for the appellant Canadian Transit Company
Raymond Colautti, for the appellants Hilary Payne and Lawrence Leigh
Myron Shulgan, for the respondents Caroline Postma and Biagio Marra
William Sasso, for the respondents Edgar Francis, Dave Brister, Ron Jones, Fulvio Valentinis, Ken Lewenza Jr., Jo-Anne Gignac and Percy Hatfiled
Christopher J. Williams, Jody E. Johnson and Courtney Raphael, for the respondent The Corporation of the City of Windsor
Heard in writing
On appeal from the judgment of Justice R.C. Gates of the Superior Court of Justice, dated September 12, 2012.
COSTS ENDORSEMENT
[1] We have had the opportunity to review the costs submissions of the parties in this matter. In our view, this is neither a case for no costs payable to the respondents, nor a case for the respondents to recover their costs on a substantial indemnity basis. Nothing in the material before us warrants either conclusion.
[2] Rather, the costs should be fixed in favour of the respondents on a partial indemnity basis. Those costs must be fair and reasonable in all circumstances.
[3] We therefore order costs payable by the appellants as follows:
(1) To the respondent Corporation of the City of Windsor in the amount of $30,000 in total.
(2) To the respondents Postma and Marra in the amount of $17,000 in total.
(3) To the respondents Francis, Brister, Jones, Valentinis, Lewenza Jr., Gignac and Hatfield in the amount of $17,000 in total.
“S.T. Goudge J.A.”
“E.E. Gillese J.A.”
“Robert P. Armstrong J.A.”