SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: 361/08
DATE: 2012-11-13
RE: ROBERT DICKIE and KAREN DICKIE
- and -
CHARLES MINETT
BEFORE: Thomas A. Bielby J.
COUNSEL:
Patrick G. Morris, for the Plaintiffs
Andrew Lundy, for the Defendant
C O S T S E N D O R S E M E N T
[ 1 ] On September 14, 2012, I released my judgment in this matter and dismissed the plaintiffs’ claim. The trial lasted six days and dealt with a broken jaw suffered by Robert Dickie, while having three wisdom teeth removed by the defendant. It was alleged the defendant was negligent.
[ 2 ] The issues before the court were liability and the quantum of damages.
[ 3 ] Each side produced an expert witness to provide an opinion as to the negligence and liability of the defendant. The qualifications of the plaintiffs’ witness as an expert was contested by the defendant and a voir dire was required together with a ruling. This took a substantial amount of time. I did qualify the plaintiffs’ witness as an expert but, in the end, I accepted the evidence of the defendant’s expert.
[ 4 ] The defendant was completely successful in this medical malpractice suit and is entitled to his legal costs.
[ 5 ] The defendant is seeking costs of $63,800.00 all inclusive on a partial indemnity basis. He calculated his fees at a 50% discount to be $62,185.75 and the actual disbursements were $20,071.68. He has further discounted the fees to $50,000.00 and the disbursements to $13,800.00.
[ 6 ] I find the costs sought by the defendant to be more than reasonable, given this matter did, in fact, take six days and required the evidence of expert witnesses.
[ 7 ] The defendant’s discount of his fees to $50,000.00, in my opinion, accounts for his failure on his motion to disqualify the plaintiffs’ witness, Dr. McKean, as an expert.
[ 8 ] While the balance of the trial was completed in a timely and efficient fashion, I accept that trial time together with the time spent on discovery and preparation in a medical malpractice suit warrants the fees requested.
[ 9 ] I also note the plaintiffs did file an offer to settle by dismissing the action without costs, if accepted prior to discoveries. The defendant could have argued that he is entitled to costs on a substantial indemnity basis.
[ 10 ] I order the plaintiffs to pay costs to the defendant in the amount of $63,800.00, all inclusive.
Thomas A. Bielby J.
DATE: November 13, 2012
COURT FILE NO.: 361/08
DATE: 2012-11-13
SUPERIOR COURT OF JUSTICE - ONTARIO RE: ROBERT DICKIE and KAREN DICKIE Plaintiffs - and - CHARLES MINETT Defendant BEFORE: Thomas A. Bielby J. COUNSEL: Patrick G. Morris, for the Plaintiffs Andrew Lundy, for the Defendant COSTS ENDORSEMENT Thomas A. Bielby J.
DATE: November 13, 2012