SUPERIOR COURT OF JUSTICE – ONTARIO

(BANKRUPTCY AND INSOLVENCY)

COURT FILE NO.: BK 31-347546
DATE: 20140417

RE: IN THE MATTER OF THE BANKRUPTCY OF THOMAS PIRNER,
OF THE CITY OF TORONTO IN THE PROVINCE OF ONTARIO

BEFORE: JUSTICE NEWBOULD

COUNSEL:
John Legge, for Diane Pirner
Thomas Pirner, in person

ENDORSEMENT

[1] On January 10, 2014 I ordered that the claim of Diane Pirner in the bankruptcy of Thomas Pirner be expunged. Mr. Pirner requests an order for costs.

[2] In my view there is no reason for costs not to follow the cause. Mr. Pirner is entitled to his costs.

[3] Mr. Pirner claims disbursements of $2487 for transcripts, copying and commissioners’ fees of $2,487. He claims travel costs at $114 per trip for 9 trips for $1,026. There is no reason why these should not be paid by Ms. Pirner.

[4] Mr. Pirner also claims costs charged by his previous lawyer, Mr. Blotz, at $500 per hour for 19 hours, totalling $9,500 plus HST of $1,235. This was for work on the expungment motion. There is no reason why these should not be paid, so long as Mr. Pirner pays them to Mr. Blotz once received from Ms. Pirner.

[5] Ms. Pirner is therefore ordered to pay to Mr. Pirner costs totalling $14,248 within 30 days.

Newbould J.

Date: April 17, 2014