Court File and Parties

Court File No.: 25689/11
Date: 20121114
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: JOE-TOM SAYERS, Plaintiff

AND:
DOROTHY ELIE and FRANCES ELIE, Defendants

BEFORE: T. McEwen J.

COUNSEL:
Michael F. W. Bennett , for the Plaintiff
No one appeared on behalf of the Defendants

HEARD: August 24, 2012

costs ENDORSEMENT

[ 1 ] In this action, I awarded the plaintiff damages in the amount of $5,000 plus pre-judgment interest and costs.

[ 2 ] The plaintiff seeks disbursements of $887.91 plus $115.43 in taxes for a total of $1,003.34. I have reviewed the disbursements and they seem reasonable. The plaintiff shall therefore receive the amount sought of $1,003.34.

[ 3 ] With respect to the issue of fees, the plaintiff seeks $2,975 plus applicable taxes. Given the fact that the award that I made falls in the Small Claims Court jurisdiction, the amount sought for fees is excessive. I reduce the amount to $1,500 plus applicable taxes.

[ 4 ] Costs are to be paid within 30 days.

T. McEwen J.

Date: November 14, 2012