SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 2011-10

DATE: 2014-03-31

RE: Mary Farkas, Plaintiff

AND:

Nick Bedic also known as Nikola Bedic, Defendant

BEFORE: The Honourable Mr. Justice J. W. Sloan

COUNSEL:
Jerome J. Bergart, for the Plaintiff

Drew L. Bowyer, for the Defendant

COSTS ENDORSEMENT

[1] Based on my judgment, this is a trial that did not have to take place.

[2] The plaintiff gave three Offers to Settle in November and December of 2013 and February 2014.

[3] She offered to settle the matter for amounts less than what the final judgment was for.

[4] Although the defendant submits that success was mixed, it was only mixed on an issue by issue basis and the offers presented by the plaintiff did not ask for spousal support which was the issue upon which the defendant was successful.

[5] The plaintiff is therefore entitled to substantial indemnity costs for preparation for the trial and the trial itself.

[6] Unfortunately, the plaintiff did not attach his dockets to his submissions and it is unfair to do so in reply when the defendant does not have the opportunity to comment on them.

[7] I am therefore going to proceed as follows:

A. There were 4.5 days of trial and I am prepared to allow 10 hours per day for a total of 45 hours. I am also prepared to allow 4.5 days of preparation at eight hours per day for total of 36 hours. I am prepared to allow these hours at the plaintiffs solicitors rate of $350 per hour which equals $28,350. (81 x $350).

B. I am prepared to allow the remainder of the plaintiff hours at 60% of his normal rate which is $210 per hour. I have calculated his number of hours by deducting the 36 hours I have allowed for trial preparation time from the 137.45 hours in his Bill of Costs which leaves 101.45 hours at $210 an hour which equals $21,304.50.

C. I am also prepared to allow the law clerks time of $3,930 and all of the disbursements at $5496.52.

[8] Plaintiff shall therefore have her legal costs fixed at $53,584.50 (28,350+19,414.5+3930) x 1.13 =$60,550.49 plus disbursements of $5,496.52 which equals $66,047.00.

J. W. Sloan J.

Date: March 31, 2014