ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: 09-16427
DATE: 2012-04-12

B E T W E E N:

BALRAJ WIRRING, MANDEEP KAUR WIRRING AND AMBER WIRRING by her Litigation Guardian BALRAJ WIRRING

S. Alam, for the Plaintiffs/Moving Parties

Plaintiffs

• and -

THE BUFFALO GROUP DEVELOPMENTS LTD.

C. Klinowski for the Proposed Defendant/Responding Party

Defendant

J. Chrolavicius, for the Defendant

HEARD: at Hamilton on January 31, 2012

SUPPLEMENTARY REASONS FOR DECISION

CAVARZAN J.

[ 1 ] This motion was heard on January 31, 2012 at the conclusion of which I reserved judgment. As a result of an additional issue introduced in the moving parties’ reply submissions, counsel were invited to submit written argument to address that issue.

[ 2 ] Reasons for Decision were released on March 9, 2012 with written submissions on costs to be filed, if necessary, within 14 days.

[ 3 ] To date only the responding party, the proposed defendant, 2132226 Ontario Inc., has filed its written submissions on costs of the motion in a Costs Outline dated March 23, 2012. It seeks costs on a partial indemnity basis in the amount of $8,097.00 plus taxable disbursements of $193.37 for a total, including 13% HST, of $9,368.11.

[ 4 ] Costs should follow the event and I intend to fix costs on a partial indemnity basis in favour of the successful party.

[ 5 ] It is not the court’s role to second guess the time spent by counsel, unless it is manifestly unreasonable in the sense that the total time spent is clearly excessive or the matter has been overly lawyered or handled by too many others in counsel’s office. The material filed presents no such concern.

[ 6 ] It conforms to the general principles set out in Rule 57.01 of the Rules of Civil Procedure.

Conclusion

[ 7 ] Costs are fixed on a partial indemnity basis in the amount of $9,368.11 inclusive of disbursements and HST payable by the plaintiffs to the responding party 2132226 Ontario Inc. within 60 days.

Cavarzan J.

Released: April 12, 2012

COURT FILE NO.: 09-116427
DATE: 2012-04-12

ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: BALRAJ WIRRING, MANDEEP KAUR WIRRING and AMBER WIRRING by her Litigation Guardian BALRAJ WIRRING Plaintiffs - and – THE BUFFALO GROUP DEVELOPMENTS LTD. Defendant SUPPLEMENTARY REASONS FOR DECISION Cavarzan J. JC:dm

Released: April 12, 2012