ONTARIO
SUPERIOR COURT OF JUSTICE
Court File No.: 11-30960
Date: 2012-12-07
B E T W E E N:
PARSONS PRECAST INC.
Don Morris, Counsel for the Applicant
Applicant
- and -
ANNA SBRISSA AND ARMANDO SBRISSA
Ray DiGregorio, Counsel for the Respondents
Respondents
RULING ON COSTS
GLITHERO J.
[ 1 ] For written reasons released October 29, 2012, I found in favor of the applicant in respect of a commercial lease dispute in which approximately $19,000.00 was in issue. I invited written submissions and set out timeframes for those to be delivered.
[ 2 ] Written submissions have been received on behalf of the applicant. The amount claimed is: fees, inclusive of HST, in the amount of $12,262.20, fee for the appearance of $1,230.00 inclusive of HST, and disbursements together with applicable HST in the amount of $931.82, for a total of $14,424.02. Mr. Morris has some 34 years of experience. The fees are based on a partial indemnity rate of $300.00 per hour, with his actual rate being $350.00 per hour. The total time spent is 39.8 hours.
[ 3 ] Mr. Morris fairly points out in his submissions that there was nothing overly complex about this matter, although it was matter of great principle to both parties, apparently, and he concedes there were no wastages resulting from unnecessary or excessive steps.
[ 4 ] He points out that his client made two offers to settle, although neither qualifies as a rule 49 offer. The first was for $7,500.00 made on June 17, 2011, and the other was for $5,000.00 on July 18, 2011. Neither was accepted. On the information available to me, there was no offer made by the respondent to settle the matter.
[ 5 ] In my estimation, where clients are embroiled in a dispute with such comparatively nominal amounts in question it behooves both sides to make efforts to resolve the issues without incurring court costs which, as here, come close to rivaling the amount in issue.
[ 6 ] I accept without question that the amount of time claimed to have been spent was in fact spent. I have no quarrel with the hourly fee charged. Pursuant to rule 57.01, however, I am to have regard to the principle of indemnity, but as well the amount of costs that an unsuccessful party could reasonably be expected to pay.
[ 7 ] As I have no cost submissions or cost outline from the respondent, I am deprived of information as to what they suggest reasonable costs to be.
[ 8 ] While I consider that the amount claimed here to be fairly high compared to what a party could reasonably expect the costs of a matter to be, I take into account that the applicant here sought to resolve the matter in a sensible fashion, whereas apparently the respondents did not.
[ 9 ] My function is to be more than a simple accountant doing the arithmetic.
[ 10 ] Taking all the factors into account, I order that costs fixed in the amount of $12,000 inclusive of fees, disbursements and applicable HST be payable by the respondents to the applicant within 30 days.
GLITHERO J.
Released: December 7, 2012
COURT FILE NO.: 11-30960
DATE: 2012-12-07
ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: PARSONS PRECAST INC. Applicant - and – ANNA SBRISSA AND ARMANDO SBRISSA Respondents REASONS FOR JUDGMENT GLITHERO J. CSG//dm
Released: December 7, 2012