SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 5469/09
DATE: 2012-10-09

RE: Dudley Wyatt Herbert Stetler, Applicant

AND:

Connie Christine Marie Stetle, Respondent

BEFORE: The Honourable Mr. Justice P. J. Flynn

COUNSEL:
Bryan Embree, Counsel for the Applicant
Paul D. Amey, Counsel for the Respondent

COSTS RULING

[ 1 ] This trial lasted two and one-half days, finishing on June 21, 2012.

[ 2 ] The successful Respondent delivered sealed costs submissions on June 26, 2012, before my Reasons were delivered.

[ 3 ] In my Reasons of August 3, 2012, I required the Respondent’s submissions by September 1, 2012 and the Applicant’s by September 24, 2012.

[ 4 ] Respondent’s counsel submitted further costs submissions on or about August 17, 2012, which also included his client’s Offer to Settle made about a year before the commencement of trial.

[ 5 ] I have not, to date, received any costs submissions from the Applicant. Apparently, Mr. Stetler has taken the same approach to co-operation as he earlier demonstrated by not disclosing his income as required.

[ 6 ] I am nonetheless prepared to make my Costs Ruling in the absence of the Applicant’s submissions.

[ 7 ] I agree with Mr. Amey that the result achieved by his client at trial was substantially better than the position set out in her Offer, an Offer never accepted by the Applicant.

[ 8 ] I also agree with him that his client is entitled to the benefits of the costs consequences to the Applicant for his failure to accept her May 2011 Offer as is mandated by Rule 18 (14), namely that she is entitled to partial indemnity costs to the date of the Offer and to full recovery costs from the date of the Offer (May 26, 2011) forward.

[ 9 ] I find nothing unreasonable about Mr. Amey’s rates (partial indemnity $300/hour; full recovery $425/hour). He is counsel with 38 years experience. I also accept as proper the disbursements he set in his Costs Outline.

[ 10 ] The Respondent’s costs should be allowed in a sum slightly greater than the counsel fee sought for trial because of the costs consequences of Rule 18 (14).

[ 11 ] Accordingly, I award costs to the Respondent in the amount of $32,000, all inclusive and order the Applicant to pay those costs within 30 days.

P.J. Flynn J.

Date: October 9, 2012