2013 ONSC 120, 2013 ONSC 120

CITATION : Evans v. Complex, 2013 ONSC 120 COURT FILE NO.: 5435/06 DATE: 2013/01/04 ONTARIO SUPERIOR COURT OF JUSTICE BETWEE N: ) ) WENDY EVANS ) ) ) M. A. Hoy, for the Plaintiff ) Plaintiff ) ) - and - ) ) ) COMPLEX SERVICES INC. ) ) ) M. J. Bonomi, for the Defendant ) Defendant ) ) ) ) The Hon. Mr. Justice Kent COSTS ENDORSEMENT [ 1 ] The plaintiff, who was dismissed by the defendant without cause, obtained judgment awarding her damages. Although the claim was commenced using ordinary procedure and rules, the damages award was well within the ambit of the Simplified Procedure rules.

The quantum of damages was only slightly more than the maximum permitted in a Small Claims Court action. [ 2 ] Even so, the commencement of the claim by ordinary procedure was not unreasonable, given that the plaintiff was pursuing, inter alia, a claim for bad faith damages. [ 3 ] The plaintiff was not successful in her claim for bad faith damages.

The evidence that she adduced was found by the court to establish inappropriate conduct that fell short of bad faith conduct. [ 4 ] Counsel for the defendant points out that the damages award obtained by the plaintiff is not very significantly more than the rule 49 offer of the defendant. Nevertheless, the plaintiff had a modest success and should not be deprived of costs. A partial indemnity

claim for costs in the amount of $43,700 for less and $2,253.66 for disbursement, however, is excessive and disproportionate. The plaintiff’s judgment is for $30,360.20. [ 5 ] For the above reasons, costs are awarded to the plaintiff, payable by the defendant, fixed in the amount of $17,500 inclusive of disbursements and exclusive of HST. ___________________________ KENT, J. Released: January 4, 2013 CITATION : Evans v. Complex, 2013 ONSC 120 COURT FILE NO.: 5435/06 DATE: 2013/01/04

ONTARIO SUPERIOR COURT OF JUSTICE BETWEE N: WENDY EVANS Plaintiff - and - COMPLEX SERVICES INC. Defendant REASONS FOR JUDGMENT KENT, J. Released: January 4, 2013