ONTARIO

SUPERIOR COURT OF JUSTICE

HAMILTON COURT FILE NO.: 09-11133
DATE: 2012-01-13

B E T W E E N:

Fred Spencer

Fred Spencer, Self-represented

Plaintiff

• and -

Equifax Canada Inc.

Stephen Schwartz, for the Defendant

Defendant

The Honourable Mr. Justice J. R. Henderson

COSTS ENDORSEMENT

[ 1 ] This is my decision with respect to the costs issues that arise out of this court proceeding. In this action the plaintiff (“Spencer”) alleged that the defendant (“Equifax”) had been negligent and had defamed Spencer. After a two and a half day trial, by way of written reasons dated December 11, 2011, I dismissed the action. Equifax now seeks its costs against Spencer.

[ 2 ] Clearly, Equifax was the successful party and is therefore prima facie entitled to a costs award.

[ 3 ] I accept that this proceeding was an important one for the parties. Spencer made a claim for general damages in the amount of $500,000.00. Moreover, Spencer’s lawsuit was a direct attack on the way in which Equifax conducted its business. If Spencer had been successful at trial Equifax would have been compelled to make significant changes to its business model.

[ 4 ] The case itself was moderately complex. The trial was completed expeditiously considering that Spencer was unrepresented. I find that there was no significant waste of time by either party.

[ 5 ] Equifax delivered an offer to settle in which it offered to consent to a dismissal of the action without costs. That offer does not engage the provisions of Rule 49.10, but, in my view, Equifax’s offer indicates that Equifax was acting in good faith and made a reasonable attempt to resolve the matter.

[ 6 ] Considering all of these factors I find that Equifax is entitled to its costs against Spencer on a partial indemnity basis.

[ 7 ] I will allow a counsel fee for two and a half days at trial in the amount of $6,500.00 plus H.S.T. A counsel fee for all other preparation time, including attendances at examinations for discoveries, review of documents, pleadings, correspondence, legal research, and all pretrial court attendances will be allowed at $7,500.00 plus H.S.T. Therefore, the total counsel fee will be fixed at $14,000.00 plus H.S.T. of $1,820.00.

[ 8 ] Disbursements will be allowed at $1,481.45 as set out in the bill of costs submitted by counsel for Equifax.

[ 9 ] Therefore, it is ordered that Spencer pay to Equifax its costs fixed at a total of $17,301.45, payable within 30 days.

Henderson, J.

Released: January 13, 2012

HAMILTON COURT FILE NO.: 09-11133
DATE: 2012-01-13

ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Fred Spencer Plaintiff - and – Equifax Canada Inc. Defendant COSTS ENDORSEMENT Henderson, J.

Released: January 13, 2012