ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CV-11-0404-00
DATE: 2012 June 01

BETWEEN:

GRAEME BROWN and MONICA BROWN
Plaintiff

– and –

THE CORPORATION OF THE CITY OF BELLEVILLE
Defendant

Robert J. Reynolds, for the Plaintiffs

Jeffrey D. Paine, for the Defendant

Tranmer J.

ENDORSEMENT ON COSTS

[ 1 ] The Plaintiffs seek costs on the basis of the hourly rate claimed and all of the time spent. Therefore, to the extent that concessions or admissions by the Defendant did not reduce the time spent, the Plaintiffs are not facing a reduction or discount. The Defendant does not dispute the time spent or the hourly rate claimed. I agree that both are appropriate. The hourly rate claimed is within the Guidelines set out in the preamble of the Rule. The matter was complex and involved the determination of 14 issues, factually and legally driven and, therefore, necessitated the time to address as claimed.

[ 2 ] I find the exchange between counsel and the time involved to indicate reasonable cooperation in dealing with advancing the litigation.

[ 3 ] I am told of no offer to settle.

[ 4 ] There is no reason to depart from the usual costs result that costs follow the event, on a partial indemnity basis.

[ 5 ] Such a costs order appears to be within the reasonable expectation of the parties.

[ 6 ] Therefore, I order costs on a partial indemnity basis, payable by the Defendant to the Plaintiffs, fixed in the sum of $10,803.00 ($325.00/hr x 60% x 55.4 hrs) plus disbursements in the amount of $506.50, for a total sum of $11,309.50 and applicable H.S.T.

The Honourable Mr. Justice Gary W. Tranmer

Released: June 1, 2012

COURT FILE NO.: CV-11-0404-00

DATE: 2012 June 01

ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: GRAEME BROWN and MONICA BROWN Plaintiff – and – THE CORPORATION OF THE CITY OF BELLEVILLE Defendant ENDORSEMENT ON COSTS Tranmer J.

Released: June 1, 2012