Court of Appeal for Ontario

Date: 2017-12-14 Docket: C60918

Judges: Doherty, MacFarland and Rouleau JJ.A.

Between

Kossay El-Khodr Plaintiff (Respondent)

and

Raymond C. Lackie, John MacPhail, ATS Andlauer Transportation Services GP Inc., and Trailcon Leasing Inc. Defendants (Appellants)

Counsel

Barry A. Percival, Q.C. and James W. Gibson, for the appellants

Joseph Y. Obagi and Elizabeth A. Quigley, for the respondent

Heard

April 4, 2017

Appeal Information

On appeal from the order and the judgment that resulted from that order of Justice Giovanna Toscano Roccamo of the Superior Court of Justice, dated August 26, 2015, sitting with a jury, with reasons reported at 2015 ONSC 2824, 2015 ONSC 4766 and 2015 ONSC 5244.

Costs Endorsement

[1] This court has received the submissions of counsel in respect of costs.

[2] The appellants who were the successful parties on this appeal seek partial indemnity costs inclusive of disbursements and HST in the sum of $56,676.40. It appears from their costs outline that this amount reflects their actual or full indemnity rate and accordingly there must be some reduction to reflect that the costs award is on a partial indemnity basis only.

[3] The issues raised were of some degree of complexity although not novel.

[4] The respondent submits that costs should be reduced significantly essentially because as he puts it this court's decision has "changed the legal landscape in personal injury litigation".

[5] While that may or may not be so, we agree that the costs as claimed must be reduced to reflect a partial indemnity rate.

[6] He suggests a number that would barely cover the disbursements and HST.

[7] Given the number of issues involved and the complexity of those issues, in our view an appropriate figure for costs is $30,000.

[8] And an order will issue costs to the respondent fixed in the sum of $30,000 inclusive of disbursements and HST.

"Doherty J.A."

"J. MacFarland J.A."

"Paul Rouleau J.A."