SUPERIOR COURT OF JUSTICE – ONTARIO
COURT FILE NO.: 10-4191-SR
DATE: 2012-10-04
RE: Andrew James Smith and O’Handmade Paper Company Limited
and
Randy Walden
BEFORE: The Honourable Mr. Justice P.J. Flynn
COUNSEL: Andrew James Smith, Self Represented Plaintiff
Irwin A. Duncan, Counsel for the Defendant
COSTS ENDORSEMENT
[ 1 ] At the conclusion of the motion on February 9, 2012, I dismissed the claim of the corporate Plaintiff, for oral reasons given at that time. I also stayed the personal Plaintiff’s action for non-compliance with an earlier costs order.
[ 2 ] I have received and reviewed the parties’ costs submissions.
[ 3 ] The Defendant requests $1,652.31 as his costs of the motion on a partial indemnity basis.
[ 4 ] He also seeks $8,691.30 as one-half of his partial indemnity costs of the action for defending the corporation Plaintiff’s now-dismissed action. So he seeks total costs of $10,343.62.
[ 5 ] The Plaintiff, Smith, replied on behalf of himself and his corporation. He argues against the imposition of substantial indemnity costs – something not sought by the Defendant.
[ 6 ] He makes no complaint about the amounts sought or the time spent by Defendant’s counsel. Instead, he seems to be attempting to re-litigate the substantive issues dealt with on the motion and to complain about the length of time passing before the motion to dismiss was brought.
[ 7 ] The Plaintiff, Smith, also delivered a ‘Costs Outline’ of his own which sets out figures purporting to be “Total Costs of Motions” in the sum of $3,032.30, and which seem to allow or charge his own time at $25/hour.
[ 8 ] I am satisfied that the partial indemnity costs sought by the Defendant are fair and reasonable and that they are within the reasonable expectation of the losing side, as is required by the principles in Boucher . Accordingly, there will be an order to go that the Plaintiffs pay to the Defendant, the total sum of $10,343 representing the costs of the motion and one-half the costs of the action.
P.J. Flynn J.
Released: October 4, 2012