COURT FILE NO.: 127/03

DATE: 20030916

SUPERIOR COURT OF JUSTICE – ONTARIO

(Divisional Court)

RE: PAUL MEGENS v. THE ONTARIO RACING COMMISSION

BEFORE: Justices Lane, Brockenshire and Cameron

COUNSEL: Peter A. Simm, for the Applicant

M. Jill Dougherty, for the Respondent

HEARD: April 30, May 12, June 26 and July 17, 2003 (in writing)

C O S T S E N D O R S E M E N T

[1] We have considered our reasons dated April 11, 2003 and your representations on costs dated April 30, May 12, June 26 and July 17, 2003.

[2] The successful Applicant seeks costs of $98,000 on a substantial indemnity basis for preparing for and arguing a one-day hearing to review a majority ORC decision revoking the Applicant’s licence.

[3] Applicant’s counsel devoted much time to a matter of substantial consequence. We recognize both the current costs of providing legal services and the time required to carefully examine transcripts of evidence, research law and prepare an analytical factum on the novel issues in his proceeding. However, some of the disbursements are beyond what is reasonably recoverable. Further, there is no itemization of the time spent on each task or step. Finally, the amount claimed is substantially beyond what the Respondent might reasonably have anticipated in the event of a loss.

[4] The Respondent alleged that the Applicant’s legal fees were being indemnified by a third party association. We conclude this is not relevant to settling the costs to be awarded.

[5] In the result, we are agreed that the Applicant’s costs be fixed at $60,000 payable in 30 days.

LANE J.

BROCKENSHIRE J.

CAMERON J.

DATE: