) ) CURTIS RICHARDS Plaintiff (Respondent) – v. –, 2023 ONSC 2086

CITATION : Louison Automotive Inc. v. Richards, 2023 ONSC 2086 COURT FILE NO.: 198/22 DATE: 20230403 ONTARIO SUPERIOR COURT OF JUSTICE Divisional Court BETWEEN: ) ) CURTIS RICHARDS Plaintiff (Respondent) – and – LOUISON AUTOMOTIVE INC. Defendant (Appellant) ) ) ) ) ) ) ) ) Michael Odumodu, for the Respondent Kevin Mooibroek, for the Appellant ) ) HEARD: February 9, 2023 Schabas J. costs endorsement [ 1 ] I allowed the appeal in this matter, in part, in reasons dated February 24, 2023: Louison Automotive Inc. v. Richards , 2023 ONSC 1331 .

I invited costs submissions which have now been received from both parties. [ 2 ] In my view the position of the appellant that it pay costs to the respondent of $6,000 is appropriate. Although the appeal was allowed to the extent of reducing damages by $1,000, the respondent was successful on liability, which was the main issue.

The respondent also made offers to settle which would have significantly reduced the amount to be paid by the appellant, which were rejected. [ 3 ] Having regard to the amount at stake in the action, the positions of the parties, the result, and the reasonable expectations of what they could expect to pay in costs, I award costs of the appeal to the respondent in the amount of $6,000. Paul B. Schabas J. Released: April 3, 2023 CITATION : Louison Automotive Inc. v. Richards, 2023 ONSC 2086 COURT FILE NO.: 198/22 DATE: 20230403

ONTARIO SUPERIOR COURT OF JUSTICE Divisional Court CURTIS RICHARDS Plaintiff (Respondent) – and – LOUISON AUTOMOTIVE INC. Defendant (Appellant) costs endorsement Schabas J. Released: April 3, 2023