ONTARIO
SUPERIOR COURT OF JUSTICE
Court File No.: 54162/13
Date: 2014/03/13
BETWEEN:
FIELDING ESTATE WINERY
Monique Atherton, for the Plaintiff/Respondent
Plaintiff/Respondent
- and -
EARL WALTERS and E. WALTERS FARMS
Luigi De Lisio, for the Defendants/Appellants
Defendants/Appellants
The Honourable Madam Justice W.L. MacPherson
COSTS ENDORSEMENT
[1] On February 7, 2014, the appellant’s appeal of the decision of Deputy Judge McDowell, of the Small Claims Court, was dismissed.
[2] Counsel were invited to make written submissions if they were unable to agree on the issue of costs. I have now had the benefit of those written submissions.
[3] The appellant concedes that the respondent is entitled to costs on a partial indemnity basis as it was successful in defending the appeal. There was no dispute as to the hourly rate charged by the respondent give the years of experience of counsel. However, it was submitted that the time was excessive by 5.3 hours and that the disbursements should be reduced by 30%.
[4] Having reviewed the respondent’s bill of costs, there is nothing to support a finding that the time spent was excessive in the circumstances.
[5] In fixing costs, the court must always be mindful to award a sum of money which is fair and reasonable to the unsuccessful party who must pay them and which takes into account the expectations of the parties concerning the quantum of a costs award. (Boucher v. Public Accountants Council for Province of Ontario (2004), 2004 14579 (ON CA), 71 O.R. (3d) 291 (ONCA)).
[6] Taking into consideration s. 131 of the Courts of Justice Act, as amended, which sets out the court’s general discretion to determine whether and to what extent costs are to be paid; Rule 57 of the Rules of Civil Procedure which outline the factors the court must take into account in making any order and having reviewed the bill of costs and the written submissions made, I am satisfied that the respondent is entitled to costs on a partial indemnity basis in the amount of $4,827.84, inclusive of disbursements and HST.
MacPherson J.
Released: March 13, 2014
COURT FILE NO.: 54162/13
DATE: 2014/03/13
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
FIELDING ESTATE WINERY
Plaintiff/Respondent
- and -
EARL WALTERS and E. WALTERS FARMS
Defendants/Appellants
COSTS ENDORSEMENT
MacPherson J.
Released: March 13, 2014