Court File and Parties
COURT FILE NO.: CV-09-383523
DATE: 20140908
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: HOMEWOOD DEVELOPMENT INC., Plaintiff / Respondent
AND:
2010999 ONTARIO INC. and MERIDIAN CREDIT UNION LIMITED, Defendant / Applicant
BEFORE: B. P. O’Marra J.
COUNSEL:
Allan D.J. Dick, for the Plaintiff / Respondent
P. James Zibarras, for the Defendant / Applicant
HEARD: In writing
costs ENDORSEMENT
[1] The respondent was entirely successful on a motion by the applicant to oppose confirmation of a Master’s Report following a 12-day trial.
[2] The respondent seeks costs on a partial indemnity scale amounting to $25,342.53 for fees, disbursements and HST. The applicant submits that the total costs on this scale should not exceed $10,000.00 including disbursements and HST.
[3] The applicant submitted that the Master made fundamental errors in ruling that 201 repudiated the contract and that Homewood was entitled to damages. Further, it was submitted that the Master made a series of palpable and overriding errors that required appellate intervention. The application required a careful review of the 36-page Master’s decision and reference to 12 days of detailed evidence.
[4] In my decision released August 13, 2014, I found that the Master had not made any fundamental, palpable or overriding errors. In effect, the applicant sought to re-litigate the factual findings of the Master. Those findings were reasonably based on the trial evidence and supported the conclusions reached by the Master.
[5] Counsel for both sides on the application were the same as at trial. The respondent claims 30.8 hours to review and respond to the application plus a further 33 hours to prepare for the motion. In my view, the time claimed to prepare for the motion is excessive and should be reduced by one half.
[6] The key concept in awarding costs is reasonableness including the expectation of the parties concerning quantum.
[7] I find that a reasonable quantum of costs in this case is $19,300.00 including disbursements and HST.
B. P. O’Marra J.
Date: September 8, 2014