COSTS ENDORSEMENT
COURT FILE NO.: 11-53210
DATE: 20140320
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Helena Guergis, Plaintiff
- and –
** Arthur Hamilton et al, Defendants **
BEFORE: Hackland R.S.J.
COUNSEL: Stephen Victor, Q.C., for the plaintiff
Robert W. Staley, for the defendant
COSTS ENDORSEMENT
[1] The plaintiff Helena Guergis successfully opposed a motion brought by the defendant Shelly Glover to stay or dismiss the action on the basis of the plaintiff’s non-payment of costs awarded previously in this proceeding. My reasons for decision in this regard are reported at Guergis v. Hamilton, [2014] O.J. No. 1087.
[2] As the plaintiff was successful on the motion she is entitled to an award of her reasonable partial indemnity costs pursuant to the presumption in that regard contained in Rule 57.
[3] As to the quantum of costs this was a reasonably straight forward and uncomplicated motion. I have no concern with the hourly rate charged by plaintiff’s counsel who is very senior (1968 call). I would reduce the number of hours of preparation time expended by each of plaintiff’s counsel. The amount claimed is $9,322 for fees. I would award the sum of $8,000 plus disbursements of $700 and any applicable HST.
[4] I agree with the submission of counsel for the moving party Ms. Glover, that the costs awarded to the plaintiff herein may be set off against the outstanding costs awards owed to Ms. Glover by the plaintiff.
Mr. Justice Charles T. Hackland
Released: March 20, 2014
COURT FILE NO.: 11-53210
DATE: 20140320
SUPERIOR COURT OF JUSTICE - ONTARIO
Helena Guergis
- and –
** Arthur Hamilton et al**
COSTS ENDORSEMENT
HACKLAND R.S.J.
Released: March 20, 2014