2019 ONSC 894
COURT FILE NO.: 2/18 DC
DATE: 2019/02/05
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
Girolamo Falletta and Centennial Law Group LLP
Ronald Allan, for the Appellants
Appellants
- and -
Mathews Kulanjipurakal Physiotherapy Professional Corporation, also known as Physiotherapy Rehabilitation Centre
Thomas Mathews, for the Respondent
Respondent
The Honourable Justice T. Maddalena
COSTS ENDORSEMENT
[1] I heard this Small Claims Court appeal at Welland, Ontario on January 8, 2019. I rendered my decision on the appeal on January 14, 2019. I have now received and reviewed the costs submissions of both appellant and respondent.
[2] The respondent claims costs on a substantial indemnity basis, fixed at $22,810 all inclusive. In the alternative, the respondent claims costs fixed at $15,395 all inclusive, on a partial indemnity basis, all in accordance with the bill of costs submitted.
[3] The appellant, whose appeal was dismissed, submits that its actual legal costs of the appeal were $5,794 all inclusive, and therefore suggests that costs requested by the respondent are disproportional to the issues. Presumably, the appellant is therefore suggesting that costs awarded to the respondent, who was the successful party, should not exceed $5,794 all inclusive.
[4] In determining costs, the court is obligated to consider those general principles enunciated in r. 57.01(1) of the Rules of Civil Procedure.
[5] The respondent is the successful party and is therefore entitled to costs.
[6] There are no r. 49 offers to settle for consideration by the court.
[7] The court has considered all those factors in r. 57.01(1) of the Rules of Civil Procedure.
[8] The court finds that the respondent has utilized the services of junior counsel who was called to the Bar in Ontario in 2013. The hourly rate for that counsel is reasonable.
[9] A review of the bill of costs of the respondent suggests only some minimal areas where a slight reduction in the number of hours may be appropriate. (For example, the 35 hours of preparation from August 9 to 17, 2018.) However, there is no denying both the necessity and the importance on the part of the respondent to defend the appeal brought by the appellant, which it ultimately did successfully.
[10] Costs should be a reminder to parties to litigation that there are consequences to matters they choose to litigate.
[11] In dismissing the appeal, I noted that the actions of Falletta clearly spoke for themselves. Ultimately, I found that there was no error made by the Small Claims Court Deputy Judge McDowell.
[12] Taking into consideration all relevant factors, it is appropriate to fix costs on a partial indemnity basis in favour of the respondent.
[13] Therefore, costs are payable on a partial indemnity basis by the appellant to the respondent fixed at $13,395 all inclusive, payable within 30 days.
Order Made
[14] The following order is made.
- The appellant shall pay to the respondent costs fixed at $13,395 all inclusive, payable within 30 days.
Maddalena J.
Released: February 5, 2019
2019 ONSC 894
COURT FILE NO.: 2/18 DC
DATE: 2019/02/05
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
Girolamo Falletta and Centennial Law Group LLP
Appellants
- and –
Mathews Kulanjipurakal Physiotherapy Professional Corporation, also known as Physiotherapy Rehabilitation Centre
Respondent
COSTS ENDORSEMENT
Maddalena J.
Released: February 5, 2019