COURT FILE NO.: 639/01
DATE: 20040728
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
O’DRISCOLL, A. CAMPBELL AND LANE jj.
B E T W E E N:
REGISTRAR, MOTOR VEHICLE DEALERS ACT
Appellant
- and -
JOHN ROBERT JACOBS
Respondent
COSTS ENDORSEMENT
[1] The reasons for judgment released on January 22, 2004, concluded:
[86] Counsel may exchange and submit written submissions on entitlement to and quantum of costs.
[2] By letter, dated January 28, 2004, counsel for the Appellant, Registrar of Motor Vehicles, submitted a draft bill of costs seeking $6,778.50 made up as follows:
Preparation Time: $3500.00 (20 x $175.00)
Counsel Fee: $2000.00
Disbursements:
Filing Fee $ 225.00
Transcripts $1,000.00
Misc. $ 53.50
Total Costs: $6,778.50
[3] In his written response, dated February 4, 2004, counsel for the Respondent, Mr. M. Bennett, sought a “no costs order” because his client “Mr. Jacobs has lost his means of livelihood to support himself and his family. An award of costs against him, in these circumstances, would be punitive”. However, Mr. Bennett further states that: “In the event that this Court deems that the Appellant should have its costs, the quantum requested by the Appellant’s counsel is not unreasonable”.
[4] In view of the record in this case and the actions of Mr. Jacobs, it is our view that there is no reason why costs should not follow the event. Moreover, we find the draft bill of costs to be reasonable.
[5] In the result, the Respondent John Robert Jacobs shall forthwith pay to the Appellant costs fixed in the amount of $6,778.50.
O’Driscoll J.
Archie Campbell J.
Lane J.
Released:
COURT FILE NO.: 639/01
DATE: 200407
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
o’driscoll, a. campbell and lane jj.
B E T W E E N:
REGISTRAR, MOTOR VEHICLE DEALERS ACT
Appellant
- and -
JOHN ROBERT JACOBS
Respondent
COSTS ENDORSEMENT
Released: