Superior Court of Justice - Ontario

Court File No.: C-124-12
Date: 2014-03-13

RE: Regional Sewer and Watermain Ltd., Plaintiff

AND:

The Regional Municipality of Waterloo, Defendant

Before: James W. Sloan

Counsel:
Counsel, for the Plaintiff - Anthony T. Keller

Counsel, for the Defendant – Richard Brooks

COSTS ENDORSEMENT

[1] The defendant challenges the quantum of costs requested by the plaintiff on several grounds including:

A. the plaintiff's claim for partial indemnity costs at $275 per hour rather than $246 per hour which would 60% of the plaintiff lawyer's normal billing rate;

B. the time charged on January 8 and 9 for preparation of Mr. Charpentier’s affidavit; and

C. the time charged on January 15 and 16th for preparation and attendance on cross examinations which did not take place and the court reporter’s fee in the amount of $143 to obtain certificates of non-attendance

[2] I agree with the defendant with respect to his challenges set out in paragraph 1 A and C above.

[3] I do not agree with the defendant’s challenge in paragraph 1B and its other challenges not specifically referred to in this endorsement. Specifically with respect to paragraph 1B, the preparation of Mr. Charpentier’s affidavit was absolutely necessary on the motion before me.

[4] I am therefore prepared to order costs on a partial indemnity basis for 23.3 hours (28.5-5.2) at a rate of $246 per hour, which equals $5731.80 to which I have added GST to bring the total to $6476.93.(5731.80 x 1.13)

[5] I have deducted from the request for disbursements the court reporters fee of $143.15 which increases to $161.76 when GST is added to it. (143.15 x 1.13) This reduces the disbursements to $143.79. (305.55-161.76)

[6] Therefore the defendant shall pay costs, inclusive of disbursements, to the plaintiff in the amount of $6,620.72. (6476 93+143 79)

J. W. Sloan

Date: March 13, 2014