Ayr Motor Express Inc. v. Bell & Bob Transport Ltd. et al., 2013 ONSC 2026

1On March 11, 2013, I released an order which dismissed the respondents’ motion. At that time, I asked for costs submissions.

2The respondents submit that no costs should be awarded to the applicant because I ruled that I had no jurisdiction to grant the relief requested by the respondents. I do not accept this position.

3The applicant was completely successful and in the circumstances is entitled to costs. The question is quantum.

4The applicant seeks costs on a substantial indemnity basis in the amount of $9,699.92.

5I am not prepared to grant costs on a substantial indemnity basis. I acknowledge that the applicant’s solicitor advised the respondent’s solicitor early in the process that he did not agree with the position taken by the respondents and that he would hold the respondents’ lawyer personally liable.

6However, I do not find that the conduct of the respondents rises to the level where substantial indemnity would be appropriate.

7I have reviewed the Bill of Costs which was prepared on a substantial indemnity basis. I agree that the amount of time for research is slightly excessive.

8For the reasons set out above, I order costs payable forthwith in the amount of $6,800.00 fixed.

Edwards J.