SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO: CV-10-411566
DATE: 20130815

RE: Jean Hamilton and Dennis Tripp

Plaintiffs/Appellants

• and -

Her Majesty the Queen in Right of Ontario, as represented by The Minister of Transportation for the Province of Ontario, Miller Paving Limited and Brennan Paving & Construction Ltd.

Defendants/Respondents

BEFORE: The Honourable Mr. Justice Stephen E. Firestone

COUNSEL:
Leanne Kenning, for the Plaintiffs

Amelia M. Leckey, for the Defendant/Respondent Her Majesty the Queen

HEARD: Written Submissions

COSTS ENDORSEMENT

[1] By written reasons released July 15, 2013, I dismissed the plaintiffs’ appeal of the order of Master Haberman dated March 7, 2013. I stated that if costs could not be agreed upon, I would receive written submissions with a costs outline.

[2] Costs are within the discretion of the Court: Courts of Justice Act, s.131 (1). The Court has a broad discretion when determining the issue of costs. Rule 57.01(1) sets out the factors the Court may consider in awarding costs.

[3] I have reviewed the costs outline submitted by counsel. I’ve considered the factors enumerated under Rule 57, including the time spent, the results achieved, and the complexity of the matter, as well as the application of the principle of proportionality: Rule 1.04 (1).

[4] Furthermore, I’ve taken into account the principles set forth by the Court of Appeal in Boucher v. Public Accountants Counsel for Ontario, 2004 14579 (ON CA), [2004] 71 O.R. (3d) 291 (C.A), specifically that the overall objective of fixing costs is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant. A successful party is entitled to costs unless there are very good reasons not to award such costs: Schreiber v. Mulroney, 2007 31754 (ON SC), [2007] O.J. No. 3191 (Sup.Ct.) at para 2.

[5] After considering the written submissions it is my view that costs should be awarded in this matter.

[6] In my view, given the complexity of the matter and the experience of counsel, I order that partial indemnity costs in the all-inclusive sum of $1,950 be awarded to the defendant, Her Majesty the Queen, to be paid within 90 days.

Firestone J.

DATE: August 15, 2013