C.H. Robinson Worldwide Inc. v. Northbridge Commercial Insurance Corp.
The court fixed the costs of the application at $40,000 inclusive of disbursements and taxes, and ordered that interest at three percent per annum is payable on the judgment.
Source-derived case information.
- Citation
- 2016 ONCA 746
- Parties
- Appellant: C.H. Robinson Worldwide Inc.; Respondent: Northbridge Commercial Insurance Corp.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 October 2016
- Procedural Posture
- Civil Appeal / Court of Appeal Endorsement on Costs and Interest After Judgment
- Outcome
- Appeal allowed in part; costs for the application fixed and interest ordered.
- Legal Topics
- Costs of Appeal, Costs of Application, Post Judgment Interest, Settlement Offers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C.H. Robinson Worldwide Inc.
Appellant
Northbridge Commercial Insurance Corp.
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Endorsement on Costs and Interest After Judgment
Legal Issues
- 1 Whether the appellant is entitled to costs of the application and in what amount
- 2 Whether interest is payable on the judgment and at what rate
Ratio Decidendi
The court fixed the costs of the application at $40,000 inclusive of disbursements and taxes, and ordered that interest at three percent per annum is payable on the judgment.
Court Disposition
Appeal allowed in part; costs for the application fixed and interest ordered.
Orders
- Appeal costs agreed at $10,000
- Costs of the application fixed at $40,000 inclusive of disbursements and applicable taxes
Full Case Text
Judgment text and source record
1 paragraphs
C.H. Robinson Worldwide Inc. v. Northbridge Commercial Insurance Corp. Collection Decisions of the Court of Appeal Date 2016-10-12 Neutral citation 2016 ONCA 746 Docket numbers C60002 Judges Laskin, John Ivan; Simmons, Janet M.; Huscroft, Grant Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: C.H. Robinson Worldwide Inc. v. Northbridge Commercial Insurance Corp., 2016 ONCA 746 DATE: 20161012 DOCKET: C60002 Laskin, Simmons, and Huscroft JJ.A. BETWEEN C.H. Robinson Worldwide Inc. Applicant (Appellant) and Northbridge Commercial Insurance Corp. Respondent (Respondent) Michael D. Magonet, for the appellant James Manson, for the respondent Heard: January 25, 2016 On appeal from the order of Justice Carole J. Brown of the Superior Court of Justice, dated January 16, 2015, with reasons reported at 2015 ONSC 232, 124 O.R. (3d) 390. COSTS AND INTEREST ENDORSEMENT [1] The appellant C.H. Robinson was successful on the appeal, and the parties agreed on the amount of $10,000 for the costs of the appeal. [2] The parties have not been able to agree on two issues: the costs of the proceedings before the application judge and interest. This brief endorsement addresses these two issues. Costs of the Application [3] Northbridge agrees that C.H. Robinson is entitled to the costs of the application. But the parties cannot agree on the amount. We have considered the detailed costs submissions of counsel. Taking into account C.H. Robinson’s offer to settle, a fair and reasonable sum for the costs of the application is $40,000, inclusive of disbursements and applicable taxes. And we so order. Interest [4] Northbridge submits that our judgment and reasons reflect some uncertainty as to whether interest is payable. However, we agree with C.H. Robinson that interest at three percent per annum is payable on the judgment. That was our intent and we so order. “John Laskin J.A.” “Janet Simmons J.A.” “Grant Huscroft J.A.”