Court File and Parties
COURT FILE NO.: 15-CV-64657 DATE: 2016/07/15 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Roland Eid, Plaintiff/Responding Party AND The Attorney General of Canada, Defendant/Moving Party
BEFORE: Madam Justice B.R. Warkentin
COUNSEL: Roland Eid, representing himself Kevin Palframan, for the Defendant
HEARD: via written submissions
MADAM JUSTICE B. R. WARKENTIN
REASONS ON COSTS
[1] In paragraphs 72 and 73 of my Reasons dated June 1, 2016 I found in favour of the Defendant, The Attorney General of Canada and directed the parties to make written submissions on Costs. Those submissions were to be provided to me within a total of 40 days. That time has now expired.
[2] Counsel for The Attorney General of Canada, the successful party, is seeking partial indemnity costs of $5,657.32 inclusive of disbursements. Mr. Eid opposes any order for costs on the basis that my decision was wrongly decided.
[3] An award of costs is a matter in the discretion of the judge by virtue of s. 131(1) of the Courts of Justice Act, which provides:
Subject to the provisions of an Act or rules of court, the costs of and incidental to a proceeding or a step in a proceeding are in the discretion of the court, and the court may determine by whom and to what extent costs shall be paid.
[4] Rule 57.01 allows the court to take into account “any other matter relevant to the question of costs.” Read in conjunction with s. 131 of the Courts of Justice Act, the court therefore has wide discretion.
[5] Having considered the issues in this proceeding, I find that the quantum sought by Counsel for The Attorney General of Canada on a partial indemnity scale is reasonable. This matter, while in the initial stages of the litigation, was reasonably complex because of the variety of issues raised in his Statement of Claim by Mr. Eid.
[6] I therefore award costs to the proposed defendant, The Attorney General of Canada, payable by Mr. Eid in the amount of $5,657.32 inclusive of disbursements.
Madam Justice B. R. Warkentin
Released: July 15, 2016