Court File and Parties
Court File No.: CV-19-00000081-0000 (Brockville) Date: 2024Jan17 Superior Court of Justice - Ontario
Re: JAMES ELGIN GILL, Plaintiff And: JAMES WALLACE GILL, also known as JIM GILL and XUEHUI GILL, Defendants
Before: Justice Gary Tranmer
Counsel: Jonathan Collings, for the Plaintiff Craig O’Brien, Caitlin Cardill and Hamish Mills-McEwan, for the Defendants
Heard: in writing
Costs Endorsement
1In the determination of a costs order, the overriding principle is fairness and reasonableness, and what were the reasonable expectations of the parties as to costs.
2The court must balance the indemnity principle with the fundamental objective of access to justice.
3In considering the claims and counterclaims litigated in this case, the offers made, the outcome, the considerable disparity between the hours spent and hourly rates charged by the lawyers on each side, and the Rule 57 factors, I find that costs should be awarded to the defendants on a partial indemnity basis, given their modest success.
4I find that the hours claimed, and rates charged by the defendants’ lawyers to be excessive, in the circumstances of the case and when compared to the plaintiff’s lawyer.
5I find that a fair, reasonable, proportionate and just order as to costs is fees fixed at $30,000 plus HST, and disbursements fixed at $3957.74 payable by the plaintiff to the defendants.
Tranmer J.
Date: January 17, 2024