SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: 09-44499
DATE: 2013/10/01
RE: Christopher Soullière by his Litigation Guardian Martin Soullière, Marcelle Robitaille, Rene Soullière, and Elizabeth Soullière, Chantal Lefebvre
Plaintiffs
AND
The Estate of Isabelle Robitaille and Guy Laberge, East Hawkesbury Township and The Corporation of the United Counties of Prescott and Russell, Her Majesty the Queen in Right of Ontario
Defendants
BEFORE: Mr. Justice Robert J. Smith
COUNSEL: Derek Nicholson, for the Plaintiffs
Mark Charron, for the Defendant, The Corporation of the United Counties of Prescott and Russell
HEARD: By Written Submissions
E N D O R S E M E N T R E G A R D I N G C O S T S
Overview
[1] The plaintiff Christopher Soullière successfully opposed the motion for bifurcation and seeks costs on a partial indemnity basis, including HST and disbursements of $10,841.56. The defendant, The Corporation of the United Counties of Prescott Russell (the “United Counties”) brought a motion to bifurcate the upcoming trial on the issues of liability and damages which was not granted.
Position of the Parties
[2] The United Counties submit that it had provided ample notice to the plaintiffs of its intention to bifurcate the issues of liability and damages and that it was successful in maintaining that the Court had jurisdiction to order bifurcation even though all the parties did not consent. The United Counties submit that for these reasons the responding party should not be awarded costs. In the alternative, the costs should be payable in the cause and on a partial indemnity basis.
[3] The plaintiffs were successful and opposed the bifurcation of the trial, however, they were not successful on their argument that the Court lacked jurisdiction to order bifurcation absent the consent of the parties.
Complexity and Importance
[4] The issues were of average complexity and were important to the parties.
Motion
[5] It was reasonable on the part of the moving party to bring the motion given my previous decision of Wang v. Byford-Harvey, [2012 ONSC 3030](https://www.canlii.org/en/on/onsc/doc/2012/2012onsc3030/2012onsc3030.html) which was distinguished in the Reasons for Decision.
Scale of Costs
[6] Costs will be fixed on a partial indemnity basis as there is no reason to order costs on a substantial indemnity scale.
Hourly Rates, Time Spent, and Proportionality
[7] The defendants do not dispute the hourly rates or time spent or that the effort was not proportional to the issues involved in this case. I also conclude from the failure to object to the hourly rates or time spent that the amount claimed is approximately what the unsuccessful party would reasonably expect to pay.
[8] The defendant argues that the award of costs for this motion should be deferred and awarded in the cause. I find that the general rule that costs should follow the event should be applied in these circumstances. The costs sought will be reduced somewhat because of the divided success on the motion, however, the plaintiffs were ultimately successful in opposing an order for bifurcation.
Disposition
[9] Having considered all of the above mentioned factors the defendant, the United Counties of Prescott Russell is ordered to pay costs in the amount of $7,500.00 inclusive of disbursements and HST.
R. Smith J.
Date: October 1, 2013
COURT FILE NO.: 09-44499
DATE: 2013/10/01
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Christopher Soullière by his Litigation Guardian Martin Soullière, Marcelle Robitaille, Rene Soullière, and Elizabeth Soullière, Chantal Lefebvre
Plaintiffs
AND
The Estate of Isabelle Robitaille and Guy Laberge, East Hawkesbury Township and The Corporation of the United Counties of Prescott and Russell, Her Majesty the Queen in Right of Ontario
Defendants
BEFORE: R. Smith J.
COUNSEL: Derek Nicholson, for the Plaintiffs
Mark Charron, for the Defendant, The Corporation of the United Counties of Prescott and Russell
ENDORSEMENT REGARDING COSTS
R. Smith J.
Released: October 1, 2013