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

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

[2] Costs 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.

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

[4] Counsel 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.

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

[6] Having 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.

[7] As 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.

[8] In 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.

C. CAMPBELL J.

Released: