Breadsource Corp. v. Samuel Sarick Ltd.

Breadsource Corporation, Plaintiff v. Samuel Sarick Limited and Graduate
Holdings Limited, Defendants

Ontario Superior Court of Justice

Dunnet J.

Judgment: September 24, 2002
Docket: 01-CV-215235SR

Proceedings: additional reasons to (2002), 2002 CarswellOnt 2548 (Ont. S.C.J.)

Counsel: Robert W. Calderwood, for Plaintiff

Larry Keown, for Defendants

Subject: Civil Practice and Procedure; Property

Practice — Costs — Scale and quantum of costs — Inferior court actions in superior court — General.

Statutes considered:

Courts of Justice Act, R.S.O. 1990, c. C.43

Generally — referred to

Rules considered:

Small Claims Court Rules, O. Reg. 258/98

Generally — referred to

ADDITIONAL REASONS to judgment reported at 2002 CarswellOnt 3167 (Ont. S.C.J.) with respect to costs.

Dunnet J.:

Endorsement

1 On August 2, 2002, the plaintiff was awarded judgment in the amount of $7,819.53 following a 4-day trial. The counterclaim of the defendant was dismissed. Prejudgment interest shall be paid to the plaintiff from August 1, 2001, at the rate specified in the Courts of Justice Act.

2 The plaintiff has recovered an amount within the jurisdiction of the Small Claims Court. The offers to settle of the plaintiff clearly reflect its own assessment of the case as one within the monetary jurisdiction of the Small Claims Court. Costs should be paid by the defendants to the plaintiff as provided for in the Rules of the Small Claims court.

Order accordingly.