Court File and Parties
DIVISIONAL COURT FILE NO.: DC-12-00512-00
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
1The 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.
2The 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.
3I 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.
4Accordingly, 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