City Water International Inc. sued Alston Cartage Ltd. for $1,445.16. City Water offered to settle for $600 but Alston did not accept. The court found for City Water and awarded them $1,445.16 plus interest. As Alston did not accept the reasonable settlement offer, the court increased City Water's costs from the standard $1,025 to $1,537.50, a 50% increase as allowed under the rules when a settlement offer is rejected unreasonably.

1. Case Name:
City Water International Inc. v. Alston Cartage Ltd.
Between
City Water International Inc., and
Alston Cartage Ltd.
[2013] O.J. No. 6199
File No. SC-11-002264-00
Ontario Superior Court of Justice
R.A. Fellman Deputy J.
Heard: June 1, 2012.
Judgment: April 19, 2013.
(5 paras.)
Counsel:
M. Riddell, Representative of the Plaintiff.
J. Palmer, Representative of the Defendant.
COSTS ENDORSEMENT
1 R.A. FELLMAN DEPUTY J.:-- City Water filed its costs submissions by October 1st, 2012,
pursuant to my Trial Endorsement Alston did not file submissions. I extended Alston's right to file
submissions to October 31, 2012, pursuant to my Order of October 12, 2012. Alston did not file
submissions.
2 City Water's cost will be assessed in accordance with Rule 19 and take into consideration
section 29 of the Courts of Justice Act. I will also take into consideration the fact that City Water
tendered to Alston an Offer to Settle dated February 24, 2012, pursuant to Rule 14.07(1).
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2. 3 Pursuant to Rule 19, City Water is entitled to:
(a) Rule 19.01 -$175.00 for fees paid to the Court;
(b) Rule 19.03 -$100.00 for preparation and filing of its pleadings;
(c) Rule 19.04(1) -$750.00 for a representation fee.
Total of: $1,025.00
4 City Water, in its Offer to Settle, agreed to withdraw its Claim on payment of $600.00 by
Alston to it. Alston did not accept the Offer. In my trial endorsement, I awarded City Water
$1,445.16 and both pre-judgment and post-judgment interest thereon at the Courts of Justice rate.
Pursuant to Rule 14.02(2) and Rule 14.03(1), City Water made its Offer at least 7 days before the
trial and it was not withdrawn or did not expire before the trial. Pursuant to Rule 14.07(1)(a), City
Water obtained a judgment, more favourable than the terms of the Offer. And City Water was in
compliance with Rule 14.07(1)(b) and (c).
5 I find, pursuant to section 129 of the Courts of Justice Act, that Alston's conduct by not
accepting City Water's Offer, was unreasonable behaviour in the proceeding. I find that City Water
will be awarded costs exceeding 15% of its original Claim of $1,445.16, taking into consideration
Rule 14.07, the Rule 19 costs of $1,025.00 is increased by 50% to $1,537.50.
R.A. FELLMAN DEPUTY J.
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