BARRIE COURT FILE NO.: 13-1288
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Attorney General of Ontario, Applicant/Moving Party
AND:
$4,067,685.10 In Canadian Currency (In REM), Respondent/Responding Party
BEFORE: THE HON. MR. JUSTICE P.H. HOWDEN
COUNSEL:
L. Will and S. Nishikawa, Counsel for the Applicant/Moving Party
B. Greenspan and N. Lutes, Counsel for Respondent Fercan Developments Inc.
W. Friedman and P. Bakos, Counsel for Respondent Vince DeRosa
HEARD: By written submissions
ENDORSEMENT ON COSTS
1Counsel for the two respondents have submitted a joint Draft Bill of Costs with short submissions, claiming the sum of $27,574.90. They were successful in opposing the applicant’s motion for leave to appeal from the decision of Madam Justice Vallee dated April 23, 2014.
2The joint written submissions from the respondents’ counsel claim costs in the sum of $27,574.90 including disbursements and HST of $1,574.90. The amount for fees came to $28,218 plus HST of $3,886.34, making a total with disbursements of $33,461.34. A factor for duplication of work was applied, reducing the fees portion to $26,000.
3I am satisfied that the respondents are entitled to their costs on a partial indemnity scale. I am also satisfied that the draft bill takes into account the factors from rule 57.01 which are relevant to this proceeding: amount claimed, complexity of the proceeding, late amending by applicant of the grounds for appeal and added work, importance of the issues, the necessity of re-litigating certain findings of fact and mixed fact and law by the motion judge, experience of counsel, reasonable expectations and potential for duplication of work by two firms of lawyers.
4The applicant responded by accepting the costs as claimed but because of an outstanding costs order, requested that that amount be taken off the respondents’ costs.
5I agree. It is ordered therefore that costs be fixed in the sum of $27,574.90 less $542.40 = $27,032.50.
6The applicant shall pay the respondents’ costs so fixed at $27,032.50 within 30 days of the release of this endorsement.
HOWDEN J.
Date: August 19, 2014