ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FC-3091-1
DATE: 2013-06-25
BETWEEN:
Catherine Agnes Egan
Applicant
– and –
Warren William Burton
Respondent
Rodney Cross, for the Applicant
Graeme Fraser, for the Respondent
HEARD: In writing
SUPPLEMENTARY COsts DECISION
T.D. RAY, J
[1] In my costs decision of June 12, 2013 (2013 ONSC 4086), I asked the respondent to file a proper Bill of Costs, since it was not contained in his original costs submissions.
[2] I have now received a new submission from the respondent which contains not only a Bill of Costs, but also eleven pages of submissions, copies of offers, correspondence and several authorities in a bound 14 tab brief. The applicant is understandably outraged at what are essentially full expanded submissions. I am not prepared to consider anything in the brief other than the requested Bill of Costs.
[3] The Bill of Costs totals $52,814.78 including disbursements on what appears to be a complete indemnity basis of $320 per hour for Mr. Fraser, and $175 for another person who is not described. I don’t know whether he/she is a lawyer or a paralegal or what his or her experience is. I am not prepared therefore to consider his or her fees. The respondent also includes an item for costs for submissions which I expressly said I would not award because his initial submissions were so inadequate.
[4] I accept the respondent’s disbursements of $2,038.23. Partial indemnity costs are ordinarily 55% of a reasonable full indemnity Bill of Costs. Generally, I find the respondent’s claimed hours to be excessive. In this case, proportionality must be given prominence. This case was principally about whether the respondent was obliged to share $125,000 with the applicant. That would have put the issue at $62,500 for the respondent. I do not consider it reasonable that the respondent would incur costs of almost $53,000.00 to have this issue resolved. I find reasonable full indemnity costs to be no more than $25,000.
[5] I see no basis for awarding substantial indemnity costs. There must be evidence to support such a claim. I see nothing before me.
[6] I therefore fix the respondent’s costs payable by the applicant at $16,000.00 including disbursements and hst.
Honourable Justice Timothy Ray
Released: June 25, 2013
COURT FILE NO.: FC-3091-1
DATE: 2013-06-25
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Catherine Agnes Egan
Applicant
– and –
Warren William Burton
Respondent
SUPPLEMENTARY COSTS Decision
Honourable Justice Timothy Ray
Released: June 25, 2013