Payne v. Windsor (City)

Payne v. Windsor (City) Collection Decisions of the Court of Appeal Date 2012-10-24 Neutral citation 2012 ONCA 714 Docket numbers C54435, C54438 Judges Goudge, Stephen Thomas; Gillese, Eileen E.; Armstrong, Robert Patrick Subject Civil Decision Content 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.”