CITATION : DeLuca v. Foodbenders, 2024 ONSC 465 COURT FILE NO.: CV-20-00643746-0000 DATE: 20240122 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ) ) SHAI DELUCA Plaintiff – and – 2404749 ONTARIO LIMITED operating as FOODBENDERS and KIMBERLY HAWKINS Defendants ) ) ) ) ) ) ) ) ))) David Elmaleh and Aaron Rosenberg , for the Plaintiff Stephen Ellis , for the Defendants ) ) ) HEARD: In Writing Papageorgiou J.

Costs Endorsement [ 1 ] By reasons dated December 20, 2023, I awarded the plaintiff $85,000 in damages for defamation. [ 2 ] I directed that the plaintiff submit cost submissions by January 4, 2024 followed by the defendants’ submissions on January 15, 2024. [ 3 ] The plaintiff complied with this direction and made a submission seeking a total of $37,589.77 all inclusive. [ 4 ] The defendants did not provide their submission on time.

To ensure that there was not an administrative glitch, I had my assistant follow up with defence counsel. [ 5 ] On January 15, 2024, defence counsel sent my assistant a copy of an email that he sent plaintiff counsel purporting to accept their offer to settle costs in the amount of $35,000. He indicated that he had had covid and that January 15, 2024 was the first day he had seen the offer which he viewed to be fair and reasonable. [ 6 ] While I sympathize with defence counsel, plaintiff’s counsel had to go the added time and expense of preparing cost submissions.

There was no request for an extension to either myself or defence counsel which would have been a simple matter even if defence counsel was ill. [ 7 ] I have no doubt plaintiff counsel would have agreed and I would have granted the extension in any event. [ 8 ] Therefore, in all the circumstances, I am awarding the full partial indemnity costs claimed in the amount of $37,589.77 payable within 30 days. [ 9 ] There is no need to consider the matter of costs in any greater detail given the defendants’ admission that $35,000 is fair and reasonable, and taking into account the added expense of plaintiff counsel having to prepare submissions which were thorough and which submissions also supported the conclusion that such costs are fair and reasonable and within the reasonable contemplation of the defendants. [ 10 ] The parties may submit an Order for my execution regarding the underlying merits and costs.

PAPAGEORGIOU J. Released: January 22, 2024.