Court File and Parties

Court File No. CV-11-422289
Date: 20140721

ONTARIO
SUPERIOR COURT OF JUSTICE

Between:
MUNISH CHOPRA (Plaintiff)

And:
EASY PLASTIC CONTAINERS LIMITED aka EASY PLASTIC CONTAINERS LTD. (Defendant)

Before: M.A. SANDERSON J.

Heard: In writing

Counsel:
Flora M. Poon for the Plaintiff
Stephen A. Bernofsky for the Defendant

E N D O R S E M E N T re C O S T S

[1] In this wrongful dismissal action, the Plaintiff claimed damages of approximately $100,000, including approximately $32,000 for pay in lieu of notice, $30,000 in aggravated damages and $40,000 for punitive damages. The Defendant Easy now seeks costs of about $99,163.05 on a full indemnity basis and $61,425.59 on a partial indemnity basis.

[2] In my view, this is not a case warranting costs on a full indemnity basis.

[3] I have considered the Bills of Costs, and the submissions of counsel and the factors under Rule 57.

[4] I accept the submission of counsel for the Plaintiff that Mr. Chopra would not have contemplated that fair and reasonable costs if he were unsuccessful in this action would be as much as the amounts claimed, even on a partial indemnity basis.

[5] I accept the submission of his counsel that he could not have reasonably anticipated that if unsuccessful he would be required to pay for example for trial preparation for 50.8 hours of one lawyer's time at $350 per hour and an additional 20.5 hours of another lawyer's time at $265 per hour. The quantum of costs should bear a reasonable connection to the amount of exposure reasonably contemplated in a wrongful dismissal action such as this.

[6] In this case, as noted earlier, the primary claim for compensatory damages was for approximately $32,000. Had I found that Mr. Chopra was dismissed without cause, I would have awarded approximately that amount. Most of the evidence and argument related to the compensatory damages claim. Although aggravated damages were possible based on Mr. Chopra's version of the evidence, it was very unlikely that both aggravated and punitive damages would be awarded.

[7] Given the nature of the case and the amounts in issue, the partial indemnity rates and time spent included in the Defendant's Bill of Costs are excessive.

[8] I am of the view that reasonable costs for this action should be fixed at $25,000 inclusive of HST and I so order.

M.A. SANDERSON J.

Released: