Superior Court of Justice - Ontario

COURT FILE NO.: CV-09-382649

DATE: 20130328

RE: Midwest Properties Ltd., Plaintiff

AND:

John Thordarson and Thorco Contracting Limited, Defendants

BEFORE: Pollak J.

COUNSEL:
Evert Van Woudenberg, for the Plaintiff

Frank Zechner, for the Defendants

HEARD: January 7, 8, 9, 10, 11, 14, 16, 17, 18, 2013 and February 15, 2013

COSTS ENDORSEMENT

[1] I have considered the written costs submissions of the parties. There is agreement that the Defendants, as the successful party, are entitled to costs on a partial indemnity basis. The Plaintiff challenges the amount claimed on a partial indemnity basis. It is submitted that the claim for $18,000 for the services of a lawyer who was not on the record should not be granted as there is no way to test the reasonableness of the amount of time charged for. I agree with this submission. I do not accept that the authority relied on by the Defendants is applicable or appropriate in this case to justify such claim. The Plaintiff also challenges the amount of pre trial preparation by counsel for the Defendants. I do not agree that the amount of time was unreasonable to successfully defend this case. Lastly the Plaintiff challenges the unsupported claim for $1,000 in disbursements. The Defendants have advised that they have found receipts to back up this claim but have not submitted them with their submissions.

[2] The Defendants must provide the Plaintiff with a copy of these receipts by April 9, 2013. Should the Plaintiff choose to challenge the appropriateness of those disbursements, further submissions may be made by 12:00 noon on April 16, 2013. If no submissions are received by that date, I award $1,000 for disbursements to the Defendants.

[3] Costs are therefor awarded to the Defendants on a partial indemnity basis in the amounts referred to above.

Pollak J.

Date: March 28, 2013