COURT FILE NO.: 11-0796
DATE: 2012/MAY/30
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
1355632 Ontario Ltd. and Mary Daw
Plaintiffs
- and -
Brister Insurance Brokers Ltd. c.o.b. Brister Group and Gord Hawn
Defendants
Marcus Boire, for the Plaintiffs
Pasquale Santini, for the Defendants
RULING ON COSTS
Johnston, J.
[1] This is a Ruling on Costs in relation to a motion heard March 27, 2012.
[2] The motion sought two heads of relief:
i. To dismiss the plaintiff, Mary Daw’s claim against the defendants; and
ii. To dismiss the plaintiffs’ claim against the defendant, Gord Hawn.
[3] The plaintiffs consented to dismissal of Daw’s claim on a without costs basis and the motion proceeded only in relation to the second head of relief sought.
[4] The plaintiffs were successful on the motion and, therefore, are, in the normal course of events, entitled to costs.
[5] The plaintiffs provided a costs outline in support of their submission, seeking total costs on a partial indemnity basis in the amount of $8,561.40, including fees of $6,780.00, HST on fees of $881.40, $600.00 for counsel appearance fee, and $300.00 for “reasonable disbursements”.
[6] Counsel for the plaintiffs indicates that costs on a substantial indemnity basis would be in the total amount of $12,692.10, representing fees of $10,170.00.
[7] Counsel for the defendants argue that costs should be fixed in the amount of $1,860.00, plus disbursements incurred, and should be awarded in the cause.
[8] Counsel for the defendants argue that the hours claimed by plaintiffs’ counsel are excessive and that the costs award should be based on one-half of the total hours spent, given that the motion involved two issues, the first of which was resolved prior to hearing.
[9] I consider the factors outlined in Rule 57.01(1). In particular, I consider the principle of indemnity, including the experience of the lawyer entitled to costs as well as the rates charged and the hours spent by the lawyer. In this instance, Mr. Boire’s year of call was 2009, his actual rate is $200.00 per hour.
[10] I consider this issue was of moderate complexity. It did require legal research. However, the motion was argued in the morning and lasted approximately one hour. The result was clearly favourable for the plaintiffs and was an important step in the procedure, from the plaintiffs’ point of view.
[11] I further consider the amount of costs that an unsuccessful party could reasonably expect to pay in relation to this step in the proceeding for which costs are to be fixed.
[12] I agree to some extent with the defendants’ submission that consideration must be given to the fact that the first of two issues scheduled to be heard on the motion was resolved. Accordingly, it is reasonable to apportion some of the preparation time claimed by the plaintiffs towards the issue that was resolved, without costs to be awarded.
[13] In all of the circumstances, I fix costs at fees of $3,000.00, and HST and disbursements in the total amount of $300.00, payable within thirty days.
JUSTICE J.M. JOHNSTON
Released: May 30, 2012
et al, 2012 ONSC 3434
COURT FILE NO.: 11-0796
DATE: May 30, 2012
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
1355632 Ontario Ltd. and Mary Daw
Plaintiffs
- and –
Brister Insurance Brokers Ltd. c.o.b. Brister Group
And Gord Hawn
Defendants
RULING ON COSTS
Johnston, J.
Released: May 30, 2012