Court of Appeal for Ontario
Date: 2017-04-11 Docket: C61681
Judges: Simmons, LaForme and Pardu JJ.A.
Between
Darren Jarbeau and Lilian Jarbeau Plaintiffs (Respondents) Appellants by Cross-Appeal
and
Ian McLean Defendant (Appellant) Respondent by Cross-Appeal
Counsel
Paul J. Pape, Shantona Chaudhury and Justin H. Nasseri, for the appellant
Mark H. Arnold, Chris G. Paliare and Alex Young, for the respondents
Heard: September 27, 2016
On Appeal
On appeal from the judgment of Justice R. Dan Cornell of the Superior Court of Justice, dated January 21, 2016, and from the costs order, dated June 9, 2016, with reasons reported at 2016 ONSC 3789.
Costs Endorsement
[1] The issue of costs remains. McLean was unsuccessful on the appeal; Darren and Lilian Jarbeau were successful on the cross-appeal. There is no dispute that costs should follow the result; the substance of the dispute is about quantum.
[2] The Jarbeaus ask for costs for both appeals totaling $97,331.97. Mr. McLean submits that this is excessive, and that costs should not exceed $40,000.00.
[3] The Jarbeaus had to retain separate counsel for the cross-appeal, because the conduct of their trial counsel was in issue. In assessing a fair and reasonable amount for costs, I also consider the amounts in issue, the complexity of the legal issues raised, as well as the single day required for the hearing of this appeal.
[4] I would allow $75,000 in costs to the Jarbeaus, allocated, $18,000 to the cross-appeal and $57,000 to the appeal, both amounts inclusive of disbursements and applicable taxes.
[5] The Jarbeaus also ask that this court fix the amount of the prejudgment interest. I see no reason why that should be necessary, as the amended judgment will bear interest in accordance with the Courts of Justice Act.
[6] They also ask this court to reconsider the costs award granted by this court for the trial, on the basis that as a result of this court's decision they bettered not only their second offer, but also an earlier offer to settle. They submit that this should increase the costs awarded for the trial by a further $14,586. In all the circumstances, I would not vary the judgment of this court awarding trial costs of $231,000.00.
"Janet Simmons J.A."
"H.S. LaForme J.A."
"G. Pardu J.A."
