ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 12-53340
DATE: 20130314
BETWEEN:
COLONEL J.G. BERNARD OUELLETTE
Plaintiff
– and –
ATTORNEY GENERAL OF CANADA as represented by THE DEPARTMENT OF NATIONAL DEFENCE, MAJOR OKSANA KUZYSHYN, MAJOR NANCY PETERS, LIEUTENANT-COMMANDER LUC TREMBLAY, and MAJOR SUSAN GRAY
Defendants
Michel Drapeau, and Joshua M. Juneau, for the Plaintiff
Paul Battin, and Alexander Gay, for the Defendants
HEARD: In writing.
COSTS DECISION
T.D. RAY, J
[1] I granted the defendants’ motion to dismiss the plaintiff’s claim (2012 ONSC 7375) and invited costs submissions if the parties were unable to agree. I received the plaintiff’s costs submissions January 13, 2013, and the defendants’ January 7, 2013. The defendants’ counsel wrote expressing his impatience at the delay in this costs decision.
[2] The defendants’ position is that he is entitled to $12,944.96 for costs, that this is reasonable by virtue of the modest hourly rates, and notes that the matters are of moderate complexity but of importance to the individual named defendants. He also notes the plaintiff’s counsels use of inappropriate language in his factum
[3] The plaintiff’s position is that while the defendants’ were successful, the effect of my decision is that a portion of his action was merely premature, and therefore there was divided success. He notes that he in fact apologized to the court and to counsel for his use of inappropriate language. The plaintiff’s position is that partial indemnity costs in the amount of $6,472.00 are appropriate because of the divided success.
[4] The general rule is that costs be awarded to the successful party. No reason has been advanced as to why that general principle should not be followed in this case. Accordingly, the defendants’ are entitled to their costs.
[5] Success was not divided.
[6] The defendants’ costs are calculated on the basis of partial indemnity rates of $118.56 for senior counsel and $87.18 for junior counsel. I find the rates to be reasonable. I further find the hours expended by counsel to be reasonable. In terms of what a party might reasonably expect to pay in costs, I note that the plaintiff filed a costs outline in the amount of $9,811.00.
[7] Accordingly the defendants’ costs are payable by the plaintiff fixed at $12,900.00.
Honourable Justice Timothy Ray
Released: March 14, 2013
COURT FILE NO.: 12-53340
DATE: 20130314
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
COLONEL J.G. BERNARD OUELLETTE
Plaintiff
– and –
ATTORNEY GENERAL OF CANADA as represented by THE DEPARTMENT OF NATIONAL DEFENCE, MAJOR OKSANA KUZYSHYN, MAJOR NANCY PETERS, LIEUTENANT-COMMANDER LUC TREMBLAY, and MAJOR SUSAN GRAY
Defendants
COSTS DECISION
Honourable Justice Timothy Ray
Released: March 14, 2013