COURT FILE AND PARTIES
COURT FILE NO.: 03-CV-255949CM2
DATE: 2014-07-03
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: MANZOOR UR-RAHMAN, Plaintiff
AND:
OMA DEVI MAHATOO and MOHAN RUM MAHATOO, Defendants
BEFORE: Mr. Justice Firestone
COUNSEL:
Naresh Misir, for the Plaintiff
No one appearing for the Defendants
HEARD: In Writing
COSTS ENDORSEMENT
[1] This undefended trial was heard by on April 17, 2014.
[2] In my reasons for judgment released May 2, 2014 I requested that counsel provide his costs submissions totaling no more than three pages along with a costs outline within 15 days.
[3] This is a negligence action following a slip and fall incident which occurred on the defendant’s driveway on January 29th, 2003.
[4] The issues to be determined at trial were the quantum of damages and whether such damages should be reduced because of any contributory negligence on the part of the plaintiff.
[5] I have reviewed the plaintiff’s costs submissions.
[6] Costs are within the discretion of the Court: Courts of Justice Act, s.131 (1). The court has a broad discretion when determining the issue of costs. Rule 57.01 (1) sets out the factors I may consider in determining Costs.
[7] A successful party is entitled to costs unless there are very good reasons not to award them: Schreiber v. Mulroney, 2007 31754 (ON SC), [2007] O.J. No. 3191 (Sup.Ct.) at para 2.
[8] This was a relatively straightforward matter. The evidence was adduced mainly by affidavit. There was some viva voce evidence.
[9] I have reviewed the plaintiff’s bill of costs. In my view the sum of $15,000.00 is reasonable for fees inclusive of HST on a partial indemnity basis. The sum of $27,512.32 for disbursements inclusive of HST is allowed.
[10] The plaintiff is therefore awarded costs of this action in the sum of $42,512.32.
Firestone J.
Date: July 3, 2014