SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 10275/08

DATE: 2013-01-11

RE: Georgiann Giglia Bonner, Plaintiff

AND:

Francis Robert Bonner and Robert Alexander Bonner, Defendants

BEFORE: The Honourable Justice C.A. Tucker

COUNSEL:
Margaret Hoy, Counsel for the Plaintiff

Christopher J. Bittle, Counsel for the Defendant Francis Robert Bonner

ENDORSEMENT on costs

[1] The plaintiff claims her costs on a substantial indemnity scale pointing out that she was successful in her claim against the defendant. Georgiann Bonner sought and received an order for foreclosure based upon a mortgage in default against the defendant, Robert Francis Bonner. She seeks no payment remedy for the balance of the indebtedness owed to her accepting the property and costs in full satisfaction of her claims. Mortgages provide for the mortgagor to receive substantial indemnity costs and this mortgage by its terms provided for the same.

[2] The total amount claimed by Georgiann Bonner was $47,075.00 although she acknowledged some excess hours were claimed for a discovery. The defendant disputes a number of items contained in the plaintiff’s bill of costs and in her disbursements; suggesting $21,000.00 fees on a partial indemnity basis.

[3] The matter was complex given the effluxion of time between the giving of the debt, the granting of the mortgage, and the claim made upon the same. There were a number of legal issues including limitation issues which had to be dealt with. The property in question was the plaintiff’s home so it was very important to her to secure it to herself. In addition, the funds advanced represented much of the income she had earned as a court reporter.

[4] I find there were no offers to settle which would provide a basis for my decision on costs. The plaintiff’s disbursements appear to be adequately justified and I find no dispute with that figure. Although the plaintiff’s counsel suggests that additional preparation time was needed given her “nervous” client, I find the time in preparation for discovery and for trial to be excessive. The trial took three days only. The rate charged by the lawyer is not excessive at $350.00 given her year of call.

[5] In all the circumstances, I find that the appropriate amount of costs after consideration of all the relevant factors to be $35,000.00 on a substantial indemnity basis plus disbursements and HST.

Tucker, J.

Date: January 11, 2013

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Georgiann Giglia Bonner

Plaintiff

– and –

Francis Robert Bonner and Robert Alexander Bonner

Defendants

endorsement on costs

Tucker, J.

Released: January 11, 2013