The Plaintiff sought costs for a successful class action certification motion, requesting $229,283 (partial indemnity) or $343,924 (substantial indemnity).
The Defendant conceded costs were due but argued the amount was disproportionately high, proposing $102,081.10.
The court, exercising its discretion under s. 131 of the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, found the Plaintiff's counsel's requested hours (1,094.28) to be excessive for a motion of moderate complexity, despite the importance of the issues for access to justice in a class action.
The court awarded costs to the Plaintiff in the amount of $102,000 plus HST and disbursements, aligning closely with the Defendant's proposed amount as a proportionate level of costs.
