Court File and Parties

Court File No.: 08-6311(Hamilton)
Date: 2012-03-27
Superior Court of Justice - Ontario

Re: James Corbett, Plaintiff/Responding Party

And: Lawrence Gan, Defendant/Moving Party

Before: The Honourable Mr. Justice D. A. Broad

Counsel:
Andrew Rudder for Plaintiff/Responding Party
Scott W. Beattie for Defendant/Moving Party

Heard: February 15, 2012

Endorsement

[ 1 ] The Plaintiff has not provided any submissions with the respect to costs. However, the Costs Submissions of the Defendant references a Bill of Costs of the Plaintiff listing partial indemnity costs of $ 4,145.10 and substantial indemnity costs of $ 5,116.90, inclusive of fees, taxes and disbursements. An attempt by the Judges’ secretary to contact counsel for the Plaintiff to obtain the Plaintiff’s costs submissions has not been responded to. The Plaintiff’s Bill of Costs has not been submitted to the Court.

[ 2 ] The record indicated that considerable time was spent by counsel for the Defendant to obtain a properly particularized Affidavit of Documents from the Plaintiff, which was not done, thereby necessitating that aspect of the motion. Given the divided success on the Motion, and the failure of the Plaintiff to make submissions with respect to costs, I order that there shall be no costs for the Motion.

D. A. Broad J.

Date: March 27, 2012