Taylor v. Hanley Hospital Inc.
The appellant, having succeeded on appeal, was entitled to partial indemnity costs of the underlying motion in the all-inclusive amount of $8,500 because that sum fairly and proportionately compensates for reasonable duplication and represents an amount the respondent should have contemplated if unsuccessful.
Source-derived case information.
- Citation
- 2023 ONCA 25
- Parties
- Plaintiff (appellant): Candace Taylor; Defendant (respondent): Hanley Hospitality Inc. o/a Tim Hortons
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 January 2023
- Procedural Posture
- Civil (constructive Dismissal Appeal) / Appeal Costs Endorsement
- Outcome
- Appeal allowed on costs issue; appellant awarded partial indemnity costs of the motion.
- Legal Topics
- Constructive Dismissal, Costs of Motion, Appeal Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Candace Taylor
Plaintiff (appellant)
Hanley Hospitality Inc. o/a Tim Hortons
Defendant (respondent)
Procedural Posture
Civil (constructive Dismissal Appeal) / Appeal Costs Endorsement
Legal Issues
- 1 Whether the appellant is entitled to costs of the underlying motion after prevailing on appeal
- 2 Appropriate quantum of costs (all-inclusive award of $15,000 v. partial indemnity v. no costs)
- 3 Consideration of duplication and proportionality in fixing costs
Ratio Decidendi
The appellant, having succeeded on appeal, was entitled to partial indemnity costs of the underlying motion in the all-inclusive amount of $8,500 because that sum fairly and proportionately compensates for reasonable duplication and represents an amount the respondent should have contemplated if unsuccessful.
Court Disposition
Appeal allowed on costs issue; appellant awarded partial indemnity costs of the motion.
Orders
- Set aside the motion judge's order including the $15,000 costs order to the respondent.
- Fixed the costs of the appeal to the appellant in the all-inclusive amount of $20,000.
Full Case Text
Judgment text and source record
1 paragraphs
Taylor v. Hanley Hospital Inc. Collection Decisions of the Court of Appeal Date 2023-01-13 Neutral citation 2023 ONCA 25 Docket numbers C69587 Judges Roberts, Lois B.; Miller, Bradley; Zarnett, Benjamin Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Taylor v. Hanley Hospitality Inc., 2023 ONCA 25 DATE: 20230113 DOCKET: C69587 Roberts, Miller and Zarnett JJ.A. BETWEEN Candace Taylor Plaintiff (Appellant) and Hanley Hospitality Inc. o/a Tim Hortons Defendant (Respondent) Lior Samfiru and Lluc Cerda, for the appellant Ian A. Johncox, for the respondent Heard: April 1, 2022 On appeal from the order of Justice Jane E. Ferguson of the Superior Court of Justice dated June 7, 2021, with reasons reported at 2021 ONSC 3135. COSTS ENDORSMENT [1] On May 12, 2022, this court allowed the appellant’s appeal from the motion judge’s dismissal of her constructive dismissal action against the respondent. We set aside the motion judge’s order, including the $15,000 costs order to the respondent, and fixed the costs of the appeal to the appellant in the all-inclusive amount of $20,000. We directed the parties to make brief written submissions if they could not resolve the disposition of the costs before the motion judge. [2] Although the parties filed written costs submissions respecting the underlying motion in June 2022, unfortunately, those submissions were misfiled and only recently brought to the panel’s attention. We have now received and reviewed them and apologize to the parties for the delay. [3] The appellant submits she is entitled to the same costs award of $15,000 as the motion judge granted to the respondent; alternatively, she seeks partial indemnity costs in the amount of $10,533.07, inclusive of all amounts. The respondent submits that there should be no costs of the motion. [4] We conclude that the appellant is entitled to partial indemnity costs of the motion from the respondent in the all-inclusive amount of $8,500. This amount takes into account some duplication in the efforts expended by appellant’s counsel and represents a fair, reasonable and proportionate sum that ought to have been in the contemplation of the respondent if it were unsuccessful on the motion. “L.B. Roberts J.A.” “B.W. Miller J.A.” “B. Zarnett J.A”