Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: DORIS DUCHARME, Plaintiff
AND:
SOLARIUM DE PARIS INC., Defendant
BEFORE: Honourable Justice Timothy Ray
COUNSEL:
W. J. Sammon, Counsel, for the Plaintiff.
Brian C. Elkin, Counsel, for the Defendant.
HEARD: In Writing
costs ENDORSEMENT
(Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c.6)
Costs Endorsement
Background
1The defendant’s motion for leave to appeal the decision of R. Smith, J. dated March 25, 2013 was dismissed August 2, 2013 (2013 ONSC 5098). I received costs outlines at the conclusion of the motion, and have since received costs submissions from both parties
2The matter before Justice Smith was important to the parties. It dealt with additional issues to be added, and the form and wording of the notice to the members of the class in a class proceeding. Within the argument was an issue concerning whether an expert report should be considered for the purpose of the additional issues.
Analysis
3I was not alerted to any reason why the usual provision that costs go to the successful party should not be followed. The only question is the appropriate assessment of the costs award to the plaintiff. The costs outline of the plaintiff had his full indemnity costs including 26 hours for factum preparation at $13,286.00. The defendant’s costs outline had its full indemnity costs at $29,000.00 including +40 hours of factum preparation.
4I consider an appropriate partial indemnity assessment to be 55% of a reasonable full indemnity bill. Having regard to the factum preparation which is excessive but understandable under the circumstances of this case, I consider a proper assessment of partial indemnity costs on this motion to be $7,000.00.
Disposition
5Costs to the plaintiff payable by the defendant fixed at $7,000.00
Honourable Mr. Justice Timothy Ray
Date: December 20, 2013
Additional Header
COURT FILE NO.: 06-CV-35171
DATE: 20131220
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: DORIS DUCHARME , Plaintiff
BEFORE: Honourable Justice Timothy Ray
COUNSEL:
W. J. Sammon, Counsel, for the Plaintiff.
Brian C. Elkin, Counsel, for the Defendant.
COSTS ENDORSEMENT
(Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c.6)
Honourable Justice Timothy Ray
DATE: December 20, 2013