Court File and Parties

COURT FILE NO.: DC-4/02 DATE: 2003-04-22

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Wolf Steel v. 1054078 Ont. Ltd.

BEFORE: The Honourable Mr. Justice P.J. Flynn

COUNSEL: D. Swift, for the Appellant Rescom (2002) Ltd. W.C. Nunn, for the Plaintiff/Respondent

RULING ON COSTS

[1] The Appellant, Rescom (2002) Ltd., was completely successful and is entitled to its costs on a partial indemnity scale.

[2] I agree that, given Mr. Swift’s years at the bar (1998), hourly rates of $125 for 2002 and $130 for 2003 would be appropriate partial indemnity rates. I would, however, not allow all the hours claimed by him nor the rate or hours claimed by his student.

[3] But all of that is academic. I am stuck by the simply correct position taken by Mr. Nunn for the Plaintiff/Respondent in the last sentence of paragraph 11 of his submissions: the cost award should not exceed the $750 amount previously requested by the Appellant.

[4] At the conclusion of the hearing of the Appeal, Mr. Nunn rose to request $750 in costs.

[5] In essence, he is stuck with that submission.

[6] Accordingly, the Appellant shall have its costs hereby fixed in the amount of $750, payable to the Appellant or as it directs within 60 days hereof.

P.J. FLYNN J.

DATE: April 22, 2003