SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: CV008-2724-SR
DATE: 20120720
RE: Peter Fritsch v. Ranjith Magee
BEFORE: Baltman J.
COUNSEL:
Michelle Simard, for the Plaintiff
Shawn Philbert, for the Defendant
ENDORSEMENT re COSTS
[ 1 ] This was a trial to determine whether the defendant should compensate the plaintiff for injuries he sustained after the two men got into a physical altercation at a banquet dinner. After a three day trial I found in favour of the plaintiff and awarded him $4,387.00 in special damages and $12,000 in general damages, plus pre-judgment interest and costs. The plaintiff seeks $8,676.33 in costs, inclusive of disbursements and HST.
[ 2 ] The trial proceeded under the simplified rules. However, it was significantly prolonged by excessive cross-examination by defence counsel and by a completely unnecessary – and unsuccessful – limitation period defence. The plaintiff’s Offer to Settle was for an amount slightly higher than the final result, whereas the defendant offered only a dismissal with costs.
[ 3 ] After considering these factors along with the provisions of Rule 57, I find the plaintiff’s position on costs entirely reasonable. He shall recover $8,676.33, inclusive of disbursements and HST.
Baltman J.
DATE: August 20, 2012
COURT FILE NO.: CV008-2724-SR
DATE: 20120720
SUPERIOR COURT OF JUSTICE - ONTARIO RE: Peter Fritsch v. Ranjith Magee BEFORE: Baltman J. COUNSEL: Michelle Simard, for the Plaintiff Shawn Philbert, for the Defendant ENDORSEMENT re COSTS Baltman J.
DATE: July 20, 2012