ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
o’driscoll, jarvis and whalen jj.
B E T W E E N:
DR. R.A.R.
Appellant
- and -
THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
Respondent
ENDORSEMENT AS TO COSTS
1The appeal of Dr. R.A.R. was dismissed. Counsel have been unable to agree as to costs. Written submissions have been filed.
2The Respondent College has submitted a Bill of Costs seeking the amount of $27,039.05 made up of 76.5 hours of preparation ($22,262.50) counsel fee (two (2) counsel at $2,000.00 each) and disbursements of $176.55.
3Counsel for the College points out that they:
Were required to review four (4) volume of transcripts covering the hearings which took place on February 3, 4 and 5 and March 21, 2003.
Were required to prepare responses to constitutional arguments (which were abandoned by the Appellant on the day before the appeal).
The argument before the Divisional Court took one (1) full day.
4Counsel for the College submits that it should be a consideration that the Appellant was awarded $9,900.64 costs on an interlocutory motion heard on March 3, 2005 when the College was unsuccessful before Howden J. in seeking an order lifting the stay of penalty imposed by the Discipline Committee.
5Counsel for the Appellant submits that the appeal was, for the most part, a re-run of the motion before Howden J. and the College’s costs should be fixed at $10,000, all inclusive.
6Considering all aspects of the case and the submissions of counsel, costs of the appeal are fixed at fees of $19,000.00, plus disbursements of $176.55 plus any applicable G.S.T. The total amount should be paid by the Appellant to the College within thirty (30) days of the date of the release of this endorsement.
___________________________
O’Driscoll J.
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Jarvis J.
___________________________
Whalen J.
Released:
COURT FILE NO.: 213/03
DATE: 20050914
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
o’driscoll, jarvis and whalen jj.
B E T W E E N:
DR. R.A.R.
Appellant
- and -
THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
Respondent
REASONS FOR JUDGMENT
_________________________________________
O’Driscoll J.
Released: September 14, 2005