CITATION: Holmes v. White, 2013 ONSC 4455
COURT FILE NO.: DC-12-390 JR
DATE: 2013-07-02
ONTARIO
SUPERIOR COURT OF JUSTICE
(DIVISIONAL COURT)
B E T W E E N:
Scott Paul Holmes
Marc Munro, for the Applicant
Applicant
- and -
Steve White, David C. Gavsie, H.M. (Mike) Metcalf and Bradley S. Duncan
Respondents
- and
John Dalzell, Serge Meloche, Ben Fusco, Bruce Power, Robert Zawebrny, Scott McCallum and Marc Pontenier (The "Aforementioned Individuals")
Byron Shaw, for the Individual Intervenors
Proposed Intervenors
The Canadian National Police Service , A Division of the Canadian National Railway Company
Safina Lakhani, for the Intervenor CNPS
Proposed Intervenor
CRANE J.
COSTS ENDORSEMENT
[1] Upon reasons released on 10, May, 2013 the motions of the proposed intervenors were granted with costs of each motion reserved for written submissions.
[2] I now propose to make a determination of the costs issues by way of one endorsement herein. I have considered the arguments as to whether there should be any award of costs, and if so, the quantum to be fixed.
[3] The nature of this case and the interests of the intervenors in it are circumstances that warrant costs to the successful applicants.
[4] The motion record of the intervenors for an order granting discretionary leave from this court was abiding. I allow the intervening parties costs of the motion on the scale of modified partial indemnity.
[5] The principle of proportionality applies. The time required for the hearing of the motions was short. The issue to be established by each applicant intervenor was important and simply made.
[6] The Bill of Costs of each intervenor is generally similar. Counsel worked in common for both an individual and a common cause.
[7] In the result, I recognize an equal sum in fees and particular sums in disbursements. Accordingly, fees are fixed at $5,000 inclusive of H.S.T plus disbursements reduced and rounded.
[8] The intervenor, CNPS, will have its costs of this motion fixed in the sum of $5,500 all inclusive.
[9] The intervenors Dalzell, et. al., will have their costs collectively fixed in the sum of $6,500 all inclusive.
CRANE J.
Released: July 2, 2013
CITATION: Holmes v. White, 2013 ONSC 4455
COURT FILE NO.: DC-12-390 JR
DATE: 20130-07-02
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Scott Paul Holmes
Applicant
- and –
Steve White, David C. Gavsie, H.M. (Mike) Metcalf and Bradley S. Duncan
Respondents
John Dalzell, Serge Meloche, Ben Fusco, Bruce Power, Robert Zawebrny, Scott McCallum and Marc Pontenier (The "Aforementioned Individuals")
Proposed Intervenors
The Canadian National Police Service , A Division of the Canadian National Railway Company
Proposed Intervenor
COSTS ENDORSEMENT
CRANE J.
DSC:mw
Released: July 2, 2013