Court File and Parties

CITATION: Dunklin v. Belair, 2015 ONSC 140

DIVISIONAL COURT FILE NO.: DC-12-00512-00

DATE: 20150107

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Allan Dunklin, Scott Dunklin, personally and Leo Dunklin and Sonia Dunklin, by their Litigation Guardian, Allan Dunklin Appellant

AND:

Andre Belair Defendant

BEFORE: Matlow, Hambly, McCarthy JJ.

COUNSEL: G.D.E. Adair, for the Appellant/Plaintiff

D.A. Zuber, for the Defendant

HEARD: By Written Submissions Only

AMENDED COSTS ENDORSEMENT

[1] The parties have now provided their respective costs submissions in writing. Counsel for the defendant submitted a bill of costs dated November 14, 2014 on a substantial indemnity basis in which he set out the defendant’s costs for the appeal as follows:

Disbursements plus HST

$1,166.43

Legal Fees plus HST

$27,742.06

Total

$28,908.49

He stated in a letter to the court dated November 14, that the defendant would be content with an award of costs in the amount of $18,000. Counsel for the plaintiff does not contest the defendant’s entitlement to costs but submits that the appropriate amount is $15,000 inclusive of fees, disbursements and HST.

[2] The appeal was not overly complex. The issues were relatively narrow and both counsel made effective use of court time to advance the competing positions of the parties.

[3] I am persuaded that the amount submitted by plaintiff’s counsel is fair and reasonable and within the reasonable expectations of the parties. There is nothing about this appeal that would justify a greater award.

[4] Accordingly, the defendant is entitled to recover costs of the appeal fixed in the sum of $15,000, all-inclusive.

McCarthy J.

Matlow J.

Hambly J.

Date: January 7, 2015

CORRECTION NOTICE

Corrected decision: the neutral citation of the original endorsement was corrected on January 9, 2015, and the description of the correction is appended:

In the neutral citation the year 2014 was corrected to 2015