Ravikovich v. College of Physicians and Surgeons, 2010 ONSC 5222
CITATION: Ravikovich v. College of Physicians and Surgeons, 2010 ONSC 5222
DIVISIONAL COURT FILE NO.: 356/09
DATE: 20100922
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN R.S.J., MATLOW AND SWINTON JJ.
BETWEEN:
DR. FELIX RAVIKOVICH Applicant
– and –
THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO Respondent
Michael Alexander, for the Applicant
Morgana Kellythorne, for the Respondent
HEARD at Toronto: September 22, 2010
ORAL REASONS FOR JUDGMENT
then r.s.j. (ORALLY)
[1] The respondent College seeks costs in the amount of $28,081.94 if the Court is of the view that costs should be assessed on a substantial indemnity basis, or alternatively $19,651.94 on a partial indemnity basis. In addition, the respondent College seeks to have costs assessed personally against counsel for the applicant for alleging bad faith and misrepresentation on the part of counsel for the respondent including statements made in the respondent’s factum.
[2] In our view, this is not a case for costs on a substantial indemnity basis nor for costs to be assessed against the appellant’s counsel personally. While certain facts were stated inaccurately in one area of the respondent’s factum (para. 55), those same facts were stated accurately in another portion of the factum (para. 16).
[3] We are satisfied that there was no intention to mislead the Court. While we recognize that counsel must represent their client’s interest resolutely, it appears to us that in this case counsel for the applicant has overreacted. At this early stage of this litigation in particular, we are of the view that civility on the part of all counsel is not only appropriate but necessary for the effective disposition of this matter.
[4] In all of the circumstances however, we are not satisfied that the conduct of counsel for the applicant is of such a nature that warrants either substantial indemnity costs or costs to be assessed personally.
[5] With respect to the amount of costs on a partial indemnity basis, it is our view that having regard to the factors and approach outlined by the Court of Appeal in Boucher (2004) 2004 14579 (ON CA), 71 O.R. (3d) 291, it is fair and reasonable to award costs to the respondent College in the amount of $15,000.00 all inclusive. The Attorney General seeks no cost and none are awarded.
THEN R.S.J.
MATLOW J.
SWINTON J.
Date of Reasons for Judgment: September 22, 2010
Date of Release: September 24, 2010
CITATION: Ravikovich v. College of Physicians and Surgeons, 2010 ONSC 5222
DIVISIONAL COURT FILE NO.: 356/09
DATE: 20100922
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN R.S.J., MATLOW AND SWINTON JJ.
BETWEEN:
DR. FELIX RAVIKOVICH Applicant
– and –
THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO Respondent
ORAL REASONS FOR JUDGMENT
THEN R.S.J.
Date of Reasons for Judgment: September 22, 2010
Date of Release: September 24, 2010