Court File and Parties
DIVISIONAL COURT FILE NO.: DC-15-30-00
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Before: Fragomeni, J.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
-and-
MARK O’CONNOR Appellant
– and –
GILMOUR BARRISTERS Respondent
COSTS ENDORSEMENT
1By letter dated July 14, 2015, sent via email, I extended the time for Mr. O’Connor to file his costs submissions from the initial date of July 3, 2015, to July 20, 2015. As of today’s date I have not received Mr. O’Connor’s costs submissions. In my letter I indicated to Mr. O’Connor that if I am not in receipt of those costs submissions I will determine the issue of costs without the benefit of his submissions.
2In his costs outline sent to the court by letter dated June 3, 2015, Mr. Gilmour seeks costs in the total sum of $7,449.75 on a substantial indemnity basis and $5,027.25 on a partial indemnity basis. In support of his position Mr. Gilmour points to the following factors:
- he was successful at the motion. Security for costs were awarded in the sum of $7,500;
- the motion was not complex but it was necessary;
- the motion was important considering the notice of the appeal filed by Mr. O’Connor and considering the modest amount of money involved in this matter;
- Mr. O’Connor’s submissions were prolonged, irrelevant, off point and unnecessary; and
- the entirety of the issues should have been conceded by Mr. O’Connor, especially the housekeeping issues about the respondent’s certificate when the appeal had not yet been perfected.
3Mr. Gilmour’s call to the bar is 1988. I am prepared to award Mr. Gilmour costs in this matter. Considering all of the circumstances and the amount at stake in this matter I am prepared to fix costs in the all-inclusive sum of $2,500. The issue was not complex and in light of the important principle of proportionality I am satisfied that $2,500 is fair and reasonable.
4An order shall issue accordingly.
FRAGOMENI, J.
Released: July 24, 2015
CITATION: R. v. O’CONNOR and GILMOUR BARRISTERS, 2015 ONSC 4746
DIVISIONAL COURT FILE NO.: DC-15-30-00
DATE: 2015 07 24
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
Her Majesty the Queen In Right of Ontario
-and-
Mark O’Connor
-and-
Gilmour Barristers
Costs Endorsement
FRAGOMENI J.
Released: July 24, 2015