ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 11-51631
DATE: 2013/02/08
BETWEEN:
ROBERT VEILLETTE and ANTHONY DISIPIO HOLDINGS INC. and ZAGARIA HOLDINGS INC. and MICHELE ZAGARIA IN TRUST, SAVINO ZAGARIA IN TRUST and GIANFRAN HOLDINGS INC.
Plaintiffs
– and –
THE PIAZZA FAMILY TRUST, THE BROOKS FAMILY TRUST, NORTH AMERICAN REALTY INC., JOHN PIAZZA, RICK BROOKS and GIUSEPPE REITANO
Defendants
Keith MacLaren, for the Plaintiffs
Leonard Max, for the Defendant, Giuseppe Reitano
HEARD: By Written Submissions
costs decision
kane j.
[1] The plaintiffs brought this motion for an order that Mr. Reitano answer the undertakings he gave on an examination in aid of execution, to answer questions objected to or took under advisement and to re-attend to provide answers to the above.
[2] Mr. Reitano did not dispute his obligation to answer his undertakings and such order was granted.
[3] On the latter two points, the plaintiffs sought an order that Mr. Reitano was obligated to pay third party costs to obtain financial records. Access to those records was not disputed. This issue involved interpretation of the relevant rules and consideration of Mr. Reitano’s financial capacity to pay the third party production costs. He was ordered to pay such production costs.
[4] The plaintiffs also sought production of files in the possession of third party agents. Those files were ordered to be produced.
[5] The moving party by letter asked for the above relief several months prior to the motion being brought and then argued.
ANALYSIS
[6] The moving party seeks costs of this motion on a partial indemnity basis consisting of $4,555 in fees pre-argument, $2,500 counsel fee to argue the motion and $363 for disbursements for a total of $7,418.
[7] Under sub-rule 57.01(1):
1- Amount Claimed and Recovered
The execution examination relates to a judgment of some $500,000 plus interest.
2- Importance of Issues
Recovery is important to the moving party given the amount involved.
3- Conduct Lengthening Unnecessarily The Proceeding
The motion was opposed but not in a manner extending the hearing.
4- Improper, Vexatious or Unnecessary Steps
This is not applicable.
5- Refusal To Admit Anything Which Should Have Been Admitted
Mr. Reitano should have agreed to and provided his answers to the undertakings and produced the third party files upon being served with the motion. Those points should not have been argued.
6- Experience of Counsel
Counsel for the moving party is a senior litigation counsel with extensive experience.
7- Hours and Rates
The hourly rates charged are appropriate.
[8] Overall, this was a simple motion involving one discrete legal issue; who pays the production costs on a JD examination. $7,000 is somewhat high for a motion of this complexity level.
[9] The fact senior counsel appeared for the moving party on this motion as opposed to a more junior counsel cannot be criticized as counsel for Mr. Reitano’s on this motion is equally experienced.
[10] The combined time claimed for students and paralegals is 21.7 hours which is high although the total lawyer time was thereby minimized and docketed at 4.5 hours prior to argument.
[11] Argument upon the motion being called did not exceed 1 hour.
[12] Based on the above factors, costs at this scale payable by Mr. Reitano, are fixed at $5,000 inclusive of disbursements and tax.
Kane J.
Date: February 8, 2013
COURT FILE NO.: 11-51631
DATE: 2013/02/08
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: ROBERT VEILLETTE and ANTHONY DISIPIO HOLDINGS INC. and ZAGARIA HOLDINGS INC. and MICHELE ZAGARIA IN TRUST, SAVINO ZAGARIA IN TRUST and GIANFRAN HOLDINGS INC.
Plaintiffs
AND
THE PIAZZA FAMILY TRUST, THE BROOKS FAMILY TRUST, NORTH AMERICAN REALTY INC., JOHN PIAZZA, RICK BROOKS and GIUSEPPE REITANO
Defendants
BEFORE: Mr. Justice Paul Kane
COUNSEL: Keith MacLaren, for the Plaintiffs
Leonard Max, for the Defendant, Giuseppe Reitano
COSTS DECISION
Kane J.
Released:
Date: February 8, 2013