DIVISIONAL COURT FILE NO.: 444/03
DATE: 20040301
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
O’DRISCOLL, THEN AND CULLITY JJ.
B E T W E E N:
MATTAMY (ROUGE) LIMITED
Applicant
- and -
CITY OF TORONTO
Respondent
ENDORSEMENT AS TO COSTS
THE COURT:
[1] Counsel were unable to agree on the quantum of fixed costs awarded to the City on a partial indemnity scale. Accordingly, as per para. [51] of the Court’s reasons, released December 1, 2003, the City, on January 9, 2004, filed its written submissions and, on January 24, 2004, Mattamy filed its response.
[2] The City’s draft Bill of Costs is based upon:
(a) preparation by Ms. Dimmer of 69.0 hours at $250.00 per hour (maximum grid rate) - $17,250.00, plus
(b) preparation by Ms. N. Brown of 53.5 hours at $200.00 per hour (maximum grid rate) - $12,700.00, plus
(c) counsel fee for one counsel on July 25, 2003 - $2,100.00, plus
(d) student preparation of 3.25 hours at $60.00 per hour (maximum grid rate) - $192.00, plus
(e) disbursements (photocopies) of $580.00.
[3] The City suggests that the amounts totalling $32,822.00 should be fixed at $25,580.00.
[4] In its submissions, Mattamy states, in part:
…the Bill of Costs submitted by the City claims a total 132.5 hours for two counsel; senior counsel, Ms. Dimmer, and intermediate counsel, Ms. Brown. With respect, given the basic argument advanced by the City and the fact that the matter was argued in one day, the amount of time claimed is excessive and should be reduced to eliminate duplication in the research, factum preparation and attendance time claimed.
Accordingly, Mattamy respectfully submits that the City’s claim for costs of $25,580.00 be significantly reduced, and recommends a sum in the amount of $8,000.00.
[5] Taking into account all relevant considerations, it is our view that costs, payable forthwith by Mattamy to the City, should be fixed as follows:
Fees $17,500.00, plus
Disbursements $ 580.00, plus
If applicable, G.S.T.
O’Driscoll J.
Then J.
Cullity J.
Released: