Court File and Parties
Released: 20080521
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Re: Registrar, Alcohol and Gaming Commission of Ontario v. Arena Entertainment Inc., operating as CIRCA
Before: Leitch R.S.J., Lane* and Swinton JJ. (*Lane J. did not participate in this costs decision.)
Counsel: Richard E. Kulis for the Registrar Thomas G. Heintzman for Arena Entertainment
Heard: by written submissions
COSTS ENDORSEMENT
1The respondent Arena Entertainment Inc. seeks costs of this one day appeal on a substantial indemnity basis in the amount of $76,138.70.
2There is no basis for an award of costs on a substantial indemnity scale, as there was no misconduct by the appellant that would warrant a punitive award of costs.
3The respondent’s costs outline shows 193.7 hours of work by four lawyers. While the case was of significant importance to the respondent, the case was of moderate complexity, and the number of hours appears to be excessive.
4One of the factors to be considered in awarding costs is the amount that an unsuccessful party could reasonably expect to pay in relation to the step in the proceeding for which costs are being fixed (Rule 57.01(0.b)). In our view, $25,000.00 is a fair and reasonable amount for the appellant to pay. Therefore, costs to the respondent are fixed at $25,000.00, inclusive of GST and disbursements.
Leitch R.S.J.
Swinton J.
Released: May 21, 2008