Court File and Parties

DIVISIONAL COURT FILE NO.: 232/08 SUPERIOR COURT FILE NO.: 327818CP DATE: 2008-08-20

SUPERIOR COURT OF JUSTICE - ONTARIO

DIVISIONAL COURT

RE: BARBARA McGEE and PAULINE McCALLUM Plaintiffs (Responding Parties)

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LONDON LIFE INSURANCE COMPANY LIMITED Defendant (Moving Party)

BEFORE: Mr. Justice Carnwath

COUNSEL: Jeff Galway & Allison Thornton, for the Plaintiffs Howard Goldblatt & Dona L. Campbell, for the Defendant

COSTS ENDORSEMENT

CARNWATH J.:

[1] London Life sought leave to appeal the decision of Lax J. in which she certified Barbara McGee and Pauline McCallum as representative plaintiffs in a class action against London Life.

[2] The motion for leave to appeal was denied with costs to the responding parties.

[3] The class action plaintiffs seek fees of $33,415.50, plus GST of $1,670.76, and disbursements, including GST, of $194.25, for a total of $35,280.51. London Life submits that the costs claimed are excessive, having regard to the principles for fixing costs, as expressed in general terms in the applicable jurisprudence. These principles stress that costs awards should reflect more what the court views as a fair and reasonable amount that should be paid by the unsuccessful party rather than any exact measure of the actual costs of the successful litigant. London Life submits that the sum of $5,000 inclusive is more appropriate.

[4] I agree with London Life that the sum proposed by the class action plaintiffs is excessive. However, there are several factors I have taken into account in concluding that the sum proposed by London Life is insufficient. These factors include the amounts at issue in the proceedings which could range from $11 million to $16 million; further, the re-organization and partial winding-up giving rise to the alleged pension surplus took place more than twelve years ago; further, the submissions of London Life raised issues of more than average complexity that had to be met by the class action plaintiffs.

[5] I fix the costs of the class action plaintiffs at $15,000, inclusive of fees, disbursements and GST.

CARNWATH J.

DATE: 2008-08-20