COURT FILE NO.: 250/07
DATE: 20071113
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
Charles C. roach
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
Kikelola Roach, solicitor for the Applicant
K. Dragaitis, solicitor for the Respondent
Kiteley J.
Endorsement as to Costs:
On October 10, 2007, I dismissed a motion by the Respondent for leave to appeal. Counsel for Mr. Roach submitted a bill of costs on a partial indemnity basis in the amount of $7603.25. Counsel for the Attorney General has taken the position that the amount of costs requested is excessive. Ms. Dragaitis suggested that costs be fixed at $2850 including disbursements.
I agree with Ms. Dragaitis that no amount should be allowed for Mr. Roach’s services in preparation for the hearing or for his attendance. His role was as client, not as counsel.
Having said that, a lawyer had to review the moving party’s factum and prepare a reply. While I decline to allow an expense by Mr. Roach at his hourly rate, there ought to be an allowance for Kikelola Roach for those services. Assuming a total of 10 hours for preparation of the factum and preparation for the hearing, I allow an hourly rate of $160 on a partial indemnity basis for a total of $1600. Ms. Roach was called to the bar in 2001.
The bill of costs reflects a 1 day counsel fee. The actual hearing time was less than 2 hours but counsel did wait for an appreciable period of time. A counsel fee of $1500 for Ms. Roach is more reasonable.
Ms. Dragaitis pointed out that the motions judge had ordered costs of $3000 and the submissions on the motion for leave to appeal were not markedly different from those before him. I agree that those costs are a relevant comparison.
Ms. Dragaitis has reasonably questioned the disbursements. While modest, they have a tenuous connection to the motion. I will allow the amount suggested by Ms. Dragaitis.
ORDER TO GO:
The Attorney General of Canada shall pay to Charles C. Roach costs on a partial indemnity basis of $3150.
November 9, 2007 _________________________
Kiteley J.