Court File and Parties

Court File No.: 08-7453
Date: 2012-05-16
Superior Court of Justice - Ontario

Re: Carol Reeve, Plaintiff

And: Pembridge Insurance Company, Defendant

Before: The Honourable Mr. Justice M. Dale Parayeski

Counsel:
Jane Poproski, Counsel for the Plaintiff
Ian D. Kirby, Counsel for the Defendant

Released: May 16, 2012

Costs ENDORSEMENT

[ 1 ] The parties appear to agree that the successful defendant should be paid costs in respect of the plaintiff’s motion before me that sought leave to appeal to the Divisional Court the order of Taylor J. dated April 26 th , 2011. Where they part ways has to do with the amount of those costs.

[ 2 ] On the partial indemnity scale, which is appropriate, the defendant seeks $3,803.58 for fees, inclusive of HST, plus a further $666.52 for disbursements, also inclusive of HST, for a total of $4,470.10. In coming to that figure, I have corrected an apparent arithmetical error on the presented costs outline. The plaintiff suggests $2,000.00. It is not clear from that party’s submissions whether HST is included in that number.

[ 3 ] Taking into consideration the factors that the Rules of Practice mandate, and the submissions of counsel, I fix the defendant’s costs at $3,500.00 all-inclusive. The docketed hours appear slightly excessive, and while I am not prepared to function as an assessment officer and parse the disbursements to the penny, I do note that they include what I view as an inappropriate claim for a car rental.

The Honourable Justice M. Dale Parayeski

Date: May 16, 2012