Court File and Parties
CITATION: Savone v. Law Society of Upper Canada, 2013 ONSC 2211
COURT FILE NO.: 12-DC-1858
DATE: 2013-04-12
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
LUIGI SAVONE
Applicant
– and –
THE LAW SOCIETY OF UPPER CANADA REGULATIONS DIVISION and THE HEARING PANEL OF THE LAW SOCIETY OF UPPER CANADA
Respondents
COUNSEL:
Christopher A. Moore, for the Applicant
Tim Gleason / Sean Dewart, for the Respondent The Law Society of Upper Canada Regulations Division
HEARD: In writing
Costs Decision
T.D. RAY, J
[1] I dismissed the applicant’s motion for leave and for judicial review of a decision of a Law Society Hearing Panel dated July 27, 2012 on February 13, 2013 (2013 ONSC 1015), and invited written costs submissions. The last of these submissions concluded March 19, 2013.
[2] At the completion of argument both parties filed costs outlines as required by rule 57. The respondent’s outline indicated fees and disbursements in the amount of $12,782.33 for full indemnity and partial indemnity of $7,669.40. Its costs submissions claim the partial indemnity amount of $7,669.40 on the ground that it was the successful party.
[3] The applicant in his costs outline set his costs at $10,864.33. However in his costs submissions he contends that there should be no costs because it was novel point and in any event he contends that it was the respondent’s fault for not agreeing to a two month adjournment for a full panel of the Divisional Court in Ottawa. Of course he overlooks the fact that he could have brought his application in Toronto before a full panel without having to seek leave from me, but chose to bring it here in Ottawa. All of the other proceedings had been in Toronto. He also says that the respondent’s costs submissions are excessive. Again he fails to note that his own costs outline was in excess of what the respondent seeks.
[4] The respondent was the successful party and is entitled to its costs. Having reviewed the costs submissions, and the fees and disbursements, including the two counsel for the respondent that attended where one might have been sufficient, I fix the respondent’s costs at $5,000 including disbursements and HST.
Honourable Justice Timothy Ray
Released: April 12, 2013
CITATION: Savone v. Law Society of Upper Canada, 2013 ONSC 2211
COURT FILE NO.: 12-DC-1858
DATE: 2013-04-12
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
LUIGI SAVONE
Applicant
– and –
THE LAW SOCIETY OF UPPER CANADA REGULATIONS DIVISION and THE HEARING PANEL OF THE LAW SOCIETY OF UPPER CANADA
Respondents
COSTS REASONS
Honourable Justice Timothy Ray
Released: April 12, 2013