Superior Court of Justice - Ontario
COURT FILE NO.: D/966/96 (Hamilton)
DATE: 2012-08-14
RE: Joseph Rosati and Linda Rosati, Applicants
AND: Laura Reggimenti, Respondent
BEFORE: The Honourable Mr. Justice J. W. Sloan
COUNSEL:
Stanley P. Jaskot & D. Willer - Counsel for the Applicants (Moving Party)
Jerry J Chaimovitz & Tyler Banham - Counsel for the Respondent (Responding Party)
COSTS ENDORSEMENT
[ 1 ] The motions consumed the greater part of 4-5 days.
[ 2 ] From my perspective there is blameworthy “conduct” on both sides. In particular, Reggimenti should have produced a redacted Response to Demand for Particulars after Justice Arrell’s ruling and Rosati should have particularized his motion much better than he did. Both courses of conduct wasted the courts time and cost each party unnecessary expense.
[ 3 ] From the time the redacted Response to Demand for Particulars was produced after June 12 however, the next 4 days were spent on Rosati’s motion which I have dismissed.
[ 4 ] Even without the redaction Rosati would have been prepared for trial on the facts. Therefore it would not have taken long for Rosati to respond to the redaction in a factual way rather than a legalistic way as I had envisioned by paragraph 5 of my endorsement which reads:
In an effort to assist the court and perhaps all counsel, the court requested by fax on June 13, 2012, a brief outline of the Respondent’s redacted allegations of fraud on the left hand side of the page with the Applicants’ brief response to each allegation on the opposite side of the page. (Ex. 5)
[ 5 ] From this point forward the court’s time was devoted to Rosati’s motion to strike out the entire action.
[ 6 ] I do not find that this case is one for substantial indemnity costs however given Rosati’s success on June12, 2012 and Reggimenti’s success thereafter I award Reggimenti her costs of the motion in the amount of $22,138.96 which is 4/5 of her requested partial indemnity costs.
[ 7 ] These costs shall be payable at the end of the trial so that they can be taken into account when the matter is finalized.
J. W. Sloan J.
Date: September 11, 2012