Selznick v. Selznick, 2003 CanLII 2236 (ON SCDC)

Court File and Parties

DIV. COURT FILE NO.: 147/03

COURT FILE 02-FP-274895FIS

DATE: 20030424

ONTARIO

SUPERIOR COURT OF JUSTICE

(Divisional Court)

B E T W E E N: MIRILYN RACHEL SELZNICK (Petitioner Wife)

A N D: STEPHEN SELZNICK (Respondent Husband)

BEFORE: C. Campbell J.

COUNSEL: Stephen Grant for the Petitioner Wife

Diane Klukach for the Respondent Husband

ENDORSEMENT RE COSTS

1Written submissions have been received on the issue of costs following dismissal of the leave to appeal brought by the Respondent.

2Costs are sought first on a substantial indemnity scale in the sum of $5,865.00 based on time spent by Mr. Grant of 6.7 hours at $450 per hour and 9.5 hours by Ms McKendry at $300.00. Mr. Grant was called in 1975 and Ms. McKendry in 2002.

3Alternatively partial indemnity rates of $350 and $225 per hour respectively are proposed. In addition, disbursements are sought in the sum of $99.50.

4Counsel for the Respondent urges that substantial indemnity costs are not warranted and that costs on a partial indemnity basis ought to be fixed at no more than $1500, if any costs are to be awarded.

5The motion for leave to appeal occupied more than one hour of court time but less than one half day.

6Having considered the submissions I am not persuaded that the substantial indemnity scale is warranted and accordingly costs are awarded to the Petitioner on the partial indemnity scale. Costs are appropriate and should on a leave motion normally follow the event.

7As to the quantum, I am of the view that there should be some relationship between the counsel fee under the costs grid and that awarded, including preparation. Except where there has been cross-examination on affidavits or complicated issue of fact or law, the preparation for responding to a motion for leave to appeal should not exceed by a factor of 100% or 200% the counsel fee on the motion itself. Again, in a non-complicated case, this figure should be inclusive of senior and junior counsel fees.

8In the circumstances I am of the view that $3750, inclusive of disbursements and G.S.T. is a reasonable figure for the costs of this motion on a partial indemnity basis.