COURT FILE AND PARTIES
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
1This undefended trial was heard by on April 17, 2014.
2In 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.
3This is a negligence action following a slip and fall incident which occurred on the defendant’s driveway on January 29th, 2003.
4The 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.
5I have reviewed the plaintiff’s costs submissions.
6Costs 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.
7A 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.
8This was a relatively straightforward matter. The evidence was adduced mainly by affidavit. There was some viva voce evidence.
9I 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.
10The plaintiff is therefore awarded costs of this action in the sum of $42,512.32.
Firestone J.
Date: July 3, 2014