Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
DIVISIONAL COURT
RE: Frank D’Addario, 1301965 Ontario Inc. and D’Addario Family Trust v. Environmental Management Solutions Inc., Tony Busseri and Roberto Sansone
BEFORE: Kiteley J.
COUNSEL: William A. Chalmers, counsel for the Defendant/Appellant Environmental Management Solutions Inc.
Alistair Crawley, solicitor for the Defendant/Appellant Busseri
Diane L. Evans, counsel for the Plaintiffs/Respondents
ENDORSEMENT AS TO COSTS
1.
Costs
In an endorsement re-released December 10, 2007, I dismissed motions for leave to appeal and directed counsel to make submissions as to costs.
Ms. Evans asks for costs in the amount of $8528.20 on a partial indemnity basis. Mr. Chalmers and Mr. Crawley agree that the plaintiffs are entitled to costs on a partial indemnity basis but that a payment in the amount of $2500.00 would be just.
I agree with counsel for the moving parties that the amount of costs sought is excessive. It was not a complicated matter. Much of the ground covered on the motion for leave had already been covered at first instance. Submissions took about two hours.
However, the amount suggested by counsel for the defendants is too modest and does not reflect the experience of counsel and the importance of the success of the motion to her clients.
Order
ORDER TO GO: defendants shall pay costs fixed at $4000.00 including fees, disbursements and GST. According to rule 57.03(1)(a), the costs shall be paid within 30 days of the release of this endorsement.
KITELEY J.
DATE: