DATE: 20050304

DOCKET: C39836

COURT OF APPEAL FOR ONTARIO

RE:

ALLAN HOBBS (Plaintiff/Appellant) – and – TDI CANADA INC. (Defendant/Respondent)

BEFORE:

MACPHERSON, JURIANSZ JJ.A. and SPEYER J. (ad hoc)

COUNSEL:

Howard A. Levitt and Roslyn Baichoo

for the plaintiff/appellant

Louis A. Frapporti and Michele Ballagh

for the respondent

HEARD:

September 15, 2004

On appeal from the judgment of Justice Peter G. Jarvis of the Superior Court of Justice dated March 13, 2003.

E N D O R S E M E N T R E C O S T S

[1] In light of the appellant’s settlement offer dated March 13, 2002, he is entitled to costs at trial on a partial indemnity basis to the date of the offer, and on a substantial indemnity basis thereafter.

[2] The bill of costs submitted by the appellant seeks an amount for fees in excess of trial counsel’s actual billable hourly rate and provides no basis for requesting the maximum amount allowable under the tariff. We also regard the amount claimed in respect of trial preparation to be high, but not to the extent urged by the respondent.

[3] We fix the appellant’s costs at trial in the amount of $60,000 inclusive of disbursements and GST.

“J.C. MacPherson J.A.”

“R.G. Juriansz J.A.”

“C.M. Speyer J. (ad hoc)