CITATION: Smith v. Casco Inc., 2010 ONSC 3899

COURT FILE NO.: DC-08-00001439-000

DATE: 20100823

SUPERIOR COURT OF JUSTICE – ONTARIO

(DIVISIONAL COURT)

RE: JUDITH SMITH Plaintiff (Respondent)

- a n d -

CASCO INC. Defendant (Appellant)

BEFORE: PIERCE, R.S.J., MATLOW, TRANMER, J.J.

COUNSEL: Colin E. Wright, for the Plaintiff (Respondent)

John D. Strung, for the Defendant (Appellant)

HEARD: February 4, 2010 at Ottawa

ENDORSEMENT RESPECTING COSTS

[1] The judgment in this appeal dated May 14, 2010 is to provide that the respondent is entitled to recover the costs of this appeal from the appellant, fixed at $8,000.00, all-inclusive, payable within 30 days.

[2] Although the quantum of costs awarded, based on the amount of time actually spent by counsel and the other usual factors required to be taken into account, would otherwise have been higher, we are persuaded that the quantum claimed should be substantially reduced by reason of the failure of both sides to address the very narrow single issue upon which this appeal was ultimately disposed. That issue was raised for the first time by this panel after the hearing of the appeal and counsel then later addressed it in written submissions which they were invited to deliver. Had the issue been raised earlier by counsel, the appeal would undoubtedly have required considerably less time for preparation and argument.

[3] As well, the amount awarded also reflects our view that there should be a minor deduction from the amount claimed for disbursements for travel expenses, accommodation and meals which may not be recoverable.

MATLOW J.

TRANMER, J.

RELEASED: August 23, 2010