SUPERIOR COURT OF JUSTICE – ONTARIO
COURT FILE NO.: CV-11-156-00
DATE: 2014-05-30
RE: Ricky Dale Hennes and Lillian Hennes v. The Corporation of the City of Brampton and 1407284 Ontario Ltd. c.o.b. S&S Landscaping Service
BEFORE: M. J. Donohue, J.
COUNSEL:
Ava M. Hillier, for the Plaintiffs
Scott E. Hamilton, for the Defendant, The Corporation of the City of Brampton
Lisa M. Buccella, for the Defendant, 1407284 Ontario Ltd. c.o.b. S&S Landscaping Service
HEARD: February 4, 2014
ENDORSEMENT
[1] The court has provided with cost submissions by both parties following my award for summary judgment in favour of the City of Brampton.
[2] The city succeeded in having the claim as against them dismissed. They seek their costs of the entire action on a partial indemnity basis of $54,303.09 all inclusive.
[3] The plaintiff argues that it is premature to consider costs of the entire action as the respondent city remains as a defendant at trial by way of cross-claim.
[4] Pending the trial result I am persuaded that it would not be appropriate to consider all the costs of the action at this time.
[5] The plaintiff acknowledge that reasonable partial indemnity costs should be payable to the city.
[6] On a partial indemnity basis the city seeks $25,380 for preparation and $1,600 for attendance at the motion. The preparation time by counsel of 75 hours plus the juniors time of 25 hours as well as 43 hours in clerks time is not in my view fully necessary for a motion resting on this technical point. I note, however, that there were two attendances for cross-examinations which would account for some increased time.
[7] The plaintiff argues that the additional factum adding the law by the Supreme Court of Canada in Hyrniak was unnecessary in this case. I cannot agree that a timely factum on how that decision would impact on the motion was unnecessary.
[8] The City’s materials were well presented. A reasonable costs award on such a motion is $22,000.
[9] The disbursements are not broken down as to what relates to the action and what is just for the motion. I order 1/3 of the disbursements as reasonably relating to the motion in the amount of $1,740.
[10] Accordingly, I order the plaintiff to pay the city’s costs if $23,740, all inclusive.
M. J. Donohue, J
DATE: May 30, 2014
COURT FILE NO.: CV-11-156-00
DATE: 2014-05-30
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Ricky Dale Hennes and Lillian Hennes v. The Corporation of the City of Brampton and 1407284 Ontario Ltd. c.o.b. S&S Landscaping Service
BEFORE: M.J. Donohue, J.
COUNSEL: Ava Hillier, for the Plaintiffs
Scott E. Hamilton, for the Defendant, The Corporation of the City of Brampton
Lisa M. Buccella, for the Defendant, 1407284 Ontario Ltd. c.o.b. S&S Landscaping Service
ENDORSEMENT
M.J. Donohue, J.
DATE: May 30, 2014