Court File and Parties

Court File No.: CV-13-115183
Date: 20131108
Superior Court of Justice – Ontario

Re: The Toronto Dominion Bank, Plaintiff

-and-

1745361 Ontario Corporation operating as Prince of Ales, Glenn Carter also known as Glenn Henry Carter also known as Glenn H. Carter and Jennifer Smith also known as Jennifer Eileen Anne Smith also known as Jennifer E. Smith, Defendants

Before: The Honourable Mr. Justice M.L. Edwards

Counsel:
Bois Wilson, for the Plaintiff

Mark A. Klaiman, for the Defendant Glenn Carter, also known as Glenn Henry Carter, also known as Glenn H. Carter

Heard: Written Submissions – November 6, 2013

Costs ENDORSEMENT

[1] The plaintiff was successful in its motion for summary judgment. The plaintiff obtained judgment against the defendant, Glenn Carter, in the amount of $62,500, plus interest. The plaintiff’s claim arose out of a guarantee of the indebtedness of the numbered corporation. In essence, while the plaintiff was entirely successful on a contested motion and is entitled to its costs, those costs in my view should reflect the degree of complexity of this matter and the fundamental principle of proportionality. As well, of course, the assessment of the plaintiff’s costs must be approached from the perspective of reasonableness and what the losing party could reasonably have anticipated paying.

[2] The plaintiff seeks costs in the total amount of approximately $25,000 which are comprised of approximately $19,000 for legal fees, disbursements of $3,407.81, and HST of approximately $3,000. There is no dispute by counsel for the defendant with respect to the entitlement of the plaintiff for the disbursements claimed. Counsel for the defendant submits that the plaintiff’s costs should be assessed in the total amount of $15,000, inclusive of disbursement and HST. In essence, counsel for the defendant therefore submits that the plaintiff’s legal costs should be reduced from the amount claimed of approximately $19,000 to $10,000.

[3] While this matter was not an overly complex matter, nonetheless, I am satisfied that much of the time for which the plaintiff seeks to be compensated was reasonable and that the losing party could reasonably have anticipated costs of an unsuccessful defence being assessed in the range of $15,000 to $20,000. Applying the principle of proportionality and reasonableness, I am therefore assessing the plaintiff’s costs at the lower end of this range and, as such, the defendant Glenn Carter shall pay the plaintiff’s costs fixed in the amount of $15,000, plus HST, plus the disbursements claimed of $3,407.81. These costs are payable within thirty days.

Justice M.L. Edwards

Released: November 8, 2013