Superior Court of Justice – Ontario (Divisional Court)

CITATION: Lawrie v. White, 2013 ONSC 4047

DIVISIONAL COURT FILE NO.: DC 12-357

DATE: 20130620

Parties

RE: Dan Lawrie Insurance Brokers, Plaintiff/Respondent

AND:

Monica White and Hargraft Schofield LP, Defendants/Appellant

AND RE: Monica White, Plaintiff by Counterclaim

AND:

Dan Lawrie Insurance Brokers and Dan Lawrie Insurance Brokers Ltd., Defendants by Counterclaim

Counsel and Hearing

BEFORE: Matlow, Aston, Lederer JJ.

COUNSEL: Barry L. Yellin, for the Plaintiff/Respondent

Brent J. Foreman, for the Defendants/Appellant

HEARD: Upon written submissions (Hamilton)

ENDORSEMENT

By the Court

[1] The appellant, Monica White, was successful in the appeal and cross-appeal. She is entitled to costs on a partial indemnity basis. The amount she claims for the appeal is approximately $30,000.

[2] In our view, the hours spent and the hourly rates claimed are disproportionately high in relation to the amount in issue and reasonable expectations of the losing side.

[3] Costs of the appeal are fixed at $17,500 all inclusive.

[4] Ms. White also seeks costs of the trial. We accept her submission that this court has jurisdiction to make an order for the costs of the trial but we decline to exercise that jurisdiction given:

(a) the trial judge’s express reservation of jurisdiction over the issue of costs;

(b) the dispute over whether there was an agreement between counsel which estops the plaintiff from seeking those costs; and

(c) the better ability of the trial judge or an assessment officer to determine the quantum of costs, if any, that are payable.

Aston J.

Matlow J.

Lederer J.

Date: June 12, 2013