Court File and Parties

CITATION: Barrington v. The Institute of Chartered Accountants, 2010 ONSC 4013

Court File No.: 149/09

Released: 20100806

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

Re: Barrington v. The Institute of Chartered Accountants of Ontario

Before: J. Wilson, Lederman and Swinton JJ.

Counsel: Peter H. Griffin, Kris Borg-Oliver and Jamie J. W. Spotswood for the applicant Brian P. Bellmore and Karen M. Mitchell for the respondent

Heard at Toronto: in writing

COSTS ENDORSEMENT

[1] Mr. Barrington seeks costs of the application for judicial review in the amount of $162,537.44 on a partial indemnity basis. The respondent takes issue with the quantum, arguing that the amount of $40,000 inclusive of GST and disbursements, is appropriate in the circumstances.

[2] This was a very important case for both parties, but particularly Mr. Barrington because of the impact of the disciplinary decision on his professional reputation. The application for judicial review was also very complex, as it involved review of the Discipline Committee’s lengthy decision, which followed 34 days of hearing, and the Appeal Committee’s decision, which followed six days of hearing. The application for judicial review was heard over the course of three days.

[3] The fees claimed by the applicant’s counsel are based on 640 hours of work. While the case was complex and the materials voluminous, the respondent cannot reasonably be expected to pay for all of those hours of preparation.

[4] Counsel for the appellants had represented Mr. Barrington before the Discipline Committee and Appeal Committee, so they were familiar with the factual and legal issues. Their argument focussed on charges 1(i) and (iii), leaving it to the other applicants, Power and Russo, to make the argument on the costs jurisdiction of the Appeal Committee.

[5] The principle of proportionality must be taken into account in fixing costs and, considering the factors set out in R. 57.01, particularly the amount of costs that an unsuccessful party could reasonably be expected to pay for an application of this nature, the amount of $75,000, inclusive of GST and disbursements, is an amount that is fair and reasonable in the circumstances of this case for the unsuccessful party to be ordered to pay. Therefore, the respondent shall pay the applicant costs of $75,000.

J. Wilson J.

Lederman J.

Swinton J.

Released: August 6, 2010