Court File and Parties

Court File No.: 392/07

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

[1] The respondent Arena Entertainment Inc. seeks costs of this one day appeal on a substantial indemnity basis in the amount of $76,138.70.

[2] There 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.

[3] The 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.

[4] One 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