ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 12721/09
DATE: 2014-01-09
B E T W E E N:
Sharon Ladd
Eric K. Gillespie, for the Plaintiff
Plaintiff
(Respondent)
- and -
Vale Canada Limited
H. Michael Rosenberg, for the Defendant
Defendant
(Moving Party)
THE HONOURABLE JUSTICE B. H. MATHESON
COSTS DECISION
[1] This is a cost ruling, arising out of a status hearing that was to have been heard on the 8th of October 2013.
[2] I made a ruling on October 25, 2013. The lawyer for the Plaintiff did not appear. There was no explanation as to why there was no appearance by Plaintiff’s counsel. In my ruling I attached letters and emails, which indicate to me that the Plaintiff’s counsel was not responding to the Defendant’s lawyer’s letters and emails.
[3] The conduct of the Plaintiff’s counsel leaves much to be desired. It would appear that he was ignoring the Defendant’s lawyer and also was showing a lack of respect to the Court. Nowhere in the costs submissions that were filed by the Plaintiff’s lawyer was there any explanation as to the lack of response.
[4] As stated in my ruling of October 25, 2013, I had the authority to dismiss the Plaintiff’s claim pursuant to Rule 48.14. I did not, but stated that there would be an opportunity for the Plaintiff’s lawyer to explain his conduct. He has not done so.
[5] I have reviewed the Defendant’s Costs Outline.
[6] I am taking into account the following:
The number of emails and letters sent to the Plaintiff’s lawyer, and the lack of any meaningful response, if at all.
The fact that much of the preparation will be available to the Defendant when the next status hearing is held. That is if the Defendant does not move to have the pleadings of the plaintiff struck.
The travel time to and from Welland from Toronto.
The action was started on November 2, 2009, some 4 years ago.
The conduct of the Plaintiff’s lawyer in failing to respond and to move the matter on.
[7] The Defendant is asking for costs ranging from $5,456.88 to $17,861.46. I sense a degree of frustration emanating from the Cost Outline.
[8] As I indicated, I find that the conduct of the Plaintiff’s lawyer is putting the Plaintiff in some jeopardy, both to having her action dismissed and having costs against her.
[9] Since the bill of costs does include preparation time that may be used if the status hearing is renewed, I find that preparation time should be lessened.
[10] After reviewing the rather brief Costs Outline, I will award costs in the amount of $4,000.00 inclusive of disbursements and HST. This will be payable by the Plaintiff within 3 weeks of receipt of this costs ruling. If that is not paid within the specified time, the Defendant may move to have her claim struck.
Matheson J.
Released: January 9, 2014
COURT FILE NO.: 12721/09
DATE: 2014-01-09
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Sharon Ladd
Plaintiff
(Respondent)
- and –
Vale Canada Limited
Defendant
(Moving Party)
COSTS DECISION
Matheson J.
Released: January 9, 2014