COURT FILE NO.: 1388 (London)
DATE: March 18, 2005
SUPERIOR COURT OF JUSTICE - ONTARIO
(Divisional Court)
RE: Hill and Hill Farms Ltd. v. The Municipality of Bluewater
BEFORE: Then, Matlow and Pierce JJ.
COUNSEL: Michael E. Mitchell, for the Applicant Valerie M'Garry, for the Respondent
E N D O R S E M E N T A S T O C O S T S
[1] The appellant seeks costs on a partial indemnity basis in the amount of $27,295.59 including counsel fees in the amount of $21,442 for preparation involving 3 lawyers, plus $2,000 representing the counsel fee for the appeal, and $2,093 for disbursements.
[2] The respondent submits that $300/hr. for the appellant's counsel is excessive given that the maximum allowable is $350/hr. The respondent also submits that 87.2 hours of preparation is excessive (50.1 hrs. for intermediate counsel and 37.1 hrs. for senior counsel) as is $1,277.86 for photocopying. The respondent submits that costs in the amount of $5,000 all inclusive is appropriate.
[3] The Court of Appeal has held that judges fixing costs should consider the calculation of fees in accordance with the costs grid on an hours and fees basis, but they should then consider whether, in all the circumstances, the result is fair and reasonable (Boucher v. Public Accounts Council for the Province of Ontario, 2004 14579 (ON CA), [2004] 71 O.R. (3d) 291 at para. 24). In determining what is fair and reasonable, the Court of Appeal has stated that the expectations of the parties concerning the quantum of costs is a relevant factor for consideration (at para. 38).
[4] In our view, given the nature and complexity of the matter, the number of appearances before the Court and bearing in mind what in our view would constitute reasonable preparation, we are of the view that costs to the appellant on a partial indemnity basis in the amount of $12,000 all inclusive is fair and reasonable in the circumstances.
Then J.
Matlow J.
Pierce J.
DATE: March 18, 2005