BARRIE COURT FILE NO.: 13-1288

DATE: 2014-08-19

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

[1] Counsel 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.

[2] The 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.

[3] I 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.

[4] The 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.

[5] I agree. It is ordered therefore that costs be fixed in the sum of $27,574.90 less $542.40 = $27,032.50.

[6] The 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