Court File and Parties

COURT FILE NO.: 726/01

DATE: 20040930

SUPERIOR COURT OF JUSTICE - ONTARIO

(DIVISIONAL COURT)

RE: WOODHEATH DEVELOPMENTS LTD. Plaintiff (Appellant) and VALERIE GOLDMAN Defendant (Respondent)

BEFORE: Then J.

COUNSEL: A.J. Esterbauer for the Plaintiff (Appellant) Kevin Fisher for the Defendant (Respondent)

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

[1] The Respondent, Goldman, seeks costs of the appeal before this court on a partial indemnity scale in the amount of $14,576.70 inclusive of $12,651.50 for fees.

[2] The Appellant, Woodheath Developments Ltd. submits that the Respondent’s costs betray a “slavish” adherence to the costs grid and are in any event excessive with respect to hours spent in preparation for the appeal. The Appellant submits that if due regard is had to the principles enunciated in Rule 57.01 and if deductions are made for the preparation of costs submissions and for the “attendance” before the Registrar, costs to the Respondent on a partial indemnity scale in the amount of $3,500 all inclusive is appropriate.

[3] I agree costs should follow the event on a partial indemnity basis. In Boucher v. Public Accountants Council for the Province of Ontario, [2004] O.J. No. 2634, the Court of Appeal held that the award of costs must be “fair and reasonable” and not just a calculation of hours times rates in accordance with the Costs Grid (at paras. 24 and 26). I agree with the Appellant that the principles enunciated in Rule 57.01 are useful tools in determining what is fair and reasonable.

[4] In my view, having regard to the nature and complexity of this matter, a fair and reasonable award in this case is costs in the amount of $7,000 to the Respondent all inclusive on a partial indemnity basis payable forthwith.

Then J.