Court File and Parties
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
Before: Fragomeni, J.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
-and-
MARK O’CONNOR Appellant
– and –
GILMOUR BARRISTERS Respondent
COSTS ENDORSEMENT
[1] By 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.
[2] In 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.
[3] Mr. 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.
[4] An 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