Superior Court of Justice - Ontario

COURT FILE NO.: 11-52838
DATE: 2012-05-10

RE: JULIE WESTEINDE, Applicant

AND:
BART BAKKER, Respondent

BEFORE: Honourable Justice Timothy Ray

COUNSEL:
Counsel, for the applicant, Pam MacEachern.
Counsel for the respondent, Chris Arnold.

HEARD: In writing

COSTS ENDORSEMENT

[ 1 ] I heard this matter originally March 15, 2012 ( 2012 ONSC 1760 ). It came before me again April 17, 2012. My endorsement clarified that the respondent’s offer to purchase the property was to be accepted, and I asked for costs submissions if the parties could not agree. ( 2012 ONSC 2353 ) I had ordered costs to the applicant in my endorsement of March 15, 2012 in the amount of $6,000. The respondent seems to want to have that costs order revisited.

[ 2 ] The motion heard April 17, 2012 addressed issues and conduct that arose after my decision of March 15, 2012. There is therefore no need to revisit my costs order of March 15, 2012. The respondent’s submission that I said in my endorsement that I was revisiting my earlier decision is incorrect.

[ 3 ] I was critical of the applicant’s conduct after I ordered the sale of the property. It was that conduct that made the motion necessary, and the respondent is entitled to his costs of the second motion.

[ 4 ] The respondent seeks partial indemnity costs in the amount of $4,282.92 based on 17.2 hours at an actual billing rate of $325.00 per hour, plus disbursements. The applicant’s position is that costs in favour of the respondent in the amount of $1,000.00 is appropriate.

[ 5 ] I find the respondent’s claim for costs excessive. It was a pretty straight forward matter. I consider partial indemnity costs to be approximately 55% of reasonable actual costs.

[ 6 ] The respondent is entitled to his partial indemnity costs of the motion fixed at $1,500.00 inclusive of disbursements and HST.

Honourable Mr. Justice Timothy Ray

Date: May 10, 2012