Court File and Parties

Court File No.: CV-11-422191 Date: 2017-05-31 Ontario Superior Court of Justice

Between:

LANG MICHENER LLP Plaintiff/Counterclaim Defendant

And:

GREGORY P. KING Defendant/Plaintiff by Counterclaim

Counsel: Gavin Tighe, for Lang Michener LLP Mr. King, for himself

Before: D.L. Corbett J.

Costs Endorsement (May 31, 2017)

[1] Lang Michener has been entirely successful on the motion and is entitled to costs of the motion and of the counterclaim. The main action is a collection action for professional fees alleged to be owing for work done by Lang Michener defending the Ontario enforcement proceedings on King’s behalf. There is some (but not much) overlap between the main collection action and the counterclaim. As a matter of proportionality, the counterclaim was a far more substantial and difficult piece of litigation than the main collections action.

[2] King argues that the costs claimed by Lang Michener are excessive and that the issues in the counterclaim are sufficiently related to the main claim (and the question of the value of the services rendered by Lang Michener to King) that most or all of the costs issues should await the trial judgment in the main claim. While I do not agree with that position, I do agree that some portion of the claimed costs ought to be attributed to the main action.

[3] King brought the counterclaim in which he made very serious allegations against senior counsel, seeking not just a reduction in legal fees but indemnity for the Italian judgment. This goes well beyond an allegation that the quality of the services rendered did not justify the fees charged.

[4] Lang Michener’s approach to the case reflected the seriousness of the issues, both financially and professionally. I do not consider that the issues on this motion were as complex, factually or legally, as the issues in the Giardina jurisdiction motion. I consider that the issues were more complex, factually and legally, than the issues raised in the Gowlings summary judgment motion. Bearing in mind the amounts awarded on those motions (which were heard together with this motion) and the proportionality principle see Boucher v. Public Accountants Council (Ontario) (2004), 71 OR (3d) 291 (CA), I fix Lang Michener’s costs of the motion and of the counterclaim at $45,000, inclusive, payable to Lang Michener by King within 30 days.

[5] The balance of the claimed costs may be pursued as costs of the main action if Lang Michener is ever entitled to costs of the main action.

D.L. Corbett J. Released: May 31, 2017

Costs Endorsement (May 26, 2017)

Court File No.: CV-11-422191 Date: 2017-05-26 Ontario Superior Court of Justice

Between: Lang Michener LLP Plaintiff And: Gregory King Defendant

Costs Endorsement

D.L. Corbett J. Released: May 26, 2017