ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-12-447963
DATE: 20130416
IN THE MATTER OF THE DETERMINATION OF RIGHTS UNDER THE RESIDENTIAL TENANCIES ACT, 2006
BETWEEN:
SIMON SCHNEIDERMAN
Applicant
– and –
DIS AVENUE
Respondent
Simon Schneiderman, for the Applicant
Douglas H. Levitt, for the Respondent
Ellen Macdonald J.
SUPPLEMENTARY REASONS FOR COSTS
[1] In this application I released reasons for decision on November 23, 2012. I have now received submissions on costs from both Mr. Schneiderman and from Horklick Levitt Di Lella LLP who were the solicitors of the Respondent on the application.
[2] Mr. Schneiderman points out to a number of factors which he submits should reduce the amount being asked by the Respondents to an aggregate of $2,610.87. He does so pointing out that there was waiting time in court and that the Respondent’s counsel spent 2.6 hours between November 23 and 30, 2012 preparing costs submissions. He also points out that the costs submissions were only 6 paragraphs and a Cost Outline had already been prepared before the Application on August 29, 2012. I agree with Mr. Schneiderman that this is not a case for costs on a substantial indemnity basis. Accordingly, I will fix costs as best as I can given the bills of costs on a partial indemnity basis. The bill of costs of the Respondents is fixed on the basis that the award to the Respondent should be on a substantial indemnity rate. It is on this basis that they ask for costs in the amount of $5,629.21 inclusive of fees and disbursements.
[3] Having regard to the submissions made by both Mr. Schneiderman and Horlick Levitt Di Lella LLP, I fix costs in the amount of $3,500.00 inclusive of disbursements and HST. These costs are payable to Horlick Levitt Di Lella LLP in trust forthwith.
Ellen Macdonald J.
Released: April 16, 2013
COURT FILE NO.: CV-12-447963
DATE: 20130416
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
SIMON SCHNEIDERMAN
Applicant
– and –
DIS AVENUE
Respondent
SUPPLEMENTARY REASONS FOR COSTS
Ellen Macdonald J.