Citation: Alghaithy v. University of Ottawa, 2012 ONSC 3172

DIVISIONAL COURT FILE NO.: 292/11

DATE: 20120608

SUPERIOR COURT OF JUSTICE - ONTARIO

(DIVISIONAL COURT)

RE: DR. WALEED ALGHAITHY v. UNIVERSITY OF OTTAWA

BEFORE: Then, R.S.J., Swinton and Harvison Young JJ.

COUNSEL: Barbara Kulaszka and Douglas H. Christie, for the Applicant

Sally Gomery and Jamie A. Macdonald, for the Respondent

HEARD AT TORONTO: by written submissions

COSTS ENDORSEMENT

[1] The University of Ottawa seeks costs of $57,647.20 for the application for judicial review and a motion heard by Dambrot J. The applicant suggests a range of $12,000 to $14,000 would be fair and reasonable.

[2] This was a hard-fought application. There were cross-examinations of four affiants. Indeed, the applicant submitted a bill of costs on a partial indemnity basis in the amount of $73,058.58.

[3] Nevertheless, the amount sought by the University is excessive for a one day application, although the amount suggested by the respondent is too low in the circumstances of this case. In our view, an award of costs in the amount of $25,000 is fair and reasonable, payable by the applicant to the University.

Then R.S. J.

Swinton J.

Harvison Young J.

DATE: June 8, 2012