The landlord now seeks costs for the partialsummary judgment. The landlord submitted a costs outline claiming $8,742.
The tenant submitted that the amount claimed for costs was excessive and that theappropriate award is $4,500, all inclusive,
which award would be just the costs of the partialsummary judgment motion.
BETWEEN: 7MARLI LIMITED – and – PET VALU CANADA INC. Plaintiff Defendant ) A Irvin Schein for the Plaintiff Christopher
Selby for the Defendant HEARD: In writing PERELL, J. REASONS FOR DECISION - COSTS [1] In this case, a commercial tenant,
Pet Valu Canada Inc., stopped paying rent and vacatedits premises in a plaza. The landlord, 7Marli Limited, did not re-enter
to terminate the lease andinstead sued progressively for unpaid rent. The landlord moved for a partial summary judgmentfor
some of that unpaid rent. I granted a partial summary judgment for $101,209.16. See 7MarliLimited v. Pet Valu Canada
Inc., 2017 ONSC 1796. The landlord now seeks costs for the partialsummary judgment. [2] The landlord submitted a costs
outline claiming $8,742.91, all inclusive. The costs outlineadvanced a claim for the partial summary judgment motion
and for 25% of the time spent onpleadings, productions and discoveries. The landlord submitted that it was reasonable
to assumethat 25% of the time spent on those steps was related to the issues raised on the summaryjudgment motion. [3]
The tenant submitted that the amount claimed for costs was excessive and that theappropriate award is $4,500, all inclusive,
which award would be just the costs of the partial summary judgment motion. [4] I agree with the tenant that the costs
should be just of the motion, with the costs for thetime spent on pleadings, productions, and discoveries all remaining
to be determined in thecause. I also agree with the tenant that the quantum of costs should be $4,500 all inclusive.
Orderaccordingly. ___________________ Perell, J. Released: May 11, 2017 CITATION: 7Marli Limited v. Pet Valu Canada Inc.,
2017 ONSC 2925 COURT FILE NO.: CV-16-549176 DATE: 20170511 ONTARIO SUPERIOR COURT OF JUSTICE ONTARIO SUPERIOR COURT OF
JUSTICE BETWEEN: 7MARLI LIMITED Plaintiff – and – PET VALU CANADA INC. DefendantREASONS FOR DECISION - COSTS PERELL J.
Released: May 11, 2017 CITATION: 7Marli Limited v. Pet Valu Canada Inc., 2017 ONSC 2925 COURT FILE NO.: CV-16-549176
DATE: 20170511