COURT FILE NO.: 12-55468
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Melba Manson and Scott Manson, Plaintiffs
AND
Canetic Resources Ltd., Penn West Petroleum Ltd., also known as Penn West Energy Trust and also known as Penn West Exploration, and Her Majesty the Queen in right of Alberta, also known as The Provincial Government of Alberta, Defendants
BEFORE: Mr. Justice Robert N. Beaudoin
COUNSEL: Melba Manson and Scott Manson, Self‑represented
Todd J. Burke and Roberto D. Aburto, for the Defendants
HEARD: By Written Submissions
ENDORSEMENT On costs
1In accordance with paragraph 15 of my decision Manson v. Canetic Resources Ltd., 2013 ONSC 7613, the Defendants were to provide me their written costs submissions within five days of the release of my Reasons for the finding of contempt and Mr. Manson was to provide his written response five days later. My decision was released on December 10, 2013. Mr. Manson has not filed any costs submissions within the time period provided.
2The Defendants seek their costs on a substantial indemnity basis. They do so because they were completely successful in their contempt motion against the Plaintiff, Scott Manson. The egregious conduct of Mr. Manson, in leaving lengthy abusive voicemail messages, necessitated the motion and escalated the Defendants’ costs. Further, the Defendants note that the Plaintiff Scott Manson served the Defendants with a “cross-motion” for contempt on the day of the hearing which cross-motion had no merit.
3The Defendants rely on the decision of Standard Life Assurance Co. v. Elliott (2007), 2007 18579 (ON SC), 86 O.R. (3d) 221 (Ont. Sup. Ct.) at paragraph 9. There, the Court held that an order for costs at the substantial indemnity level was appropriate where there had been a vexatious and unnecessary step in a proceeding which had the effect of unnecessarily lengthening the proceeding and driving up costs.
Conclusion
4It must be remembered that Mr. Manson’s abusive conduct was a problem at the outset of these proceedings and this conduct necessitated the Order of Justice Patrick Smith dated August 29, 2013 which provide that all communication be in writing. Scott Manson breached Justice Smith’s Order on six days, leaving 66 messages which were typically five to 10 minutes in length each. Scott Manson admitted that he left these messages and I concluded that he had disobeyed the Order of Justice Smith in a wilful manner.
5As a result of Mr. Manson’s plethora of abusive voicemail messages, administrative staff of counsel for the Defendants spent a significant time and resources transcribing these messages and counsel spent time reviewing these materials. Further time was spent preparing the extensive affidavit and motion materials which was necessary to meet the high evidentiary threshold for a finding of contempt.
6I have looked at the Bill of Costs claimed. I note that Mr. Burke was called to the Bar in 1992. He was assisted in this matter by Mr. Aburto who was called to the Bar in 2011 and by Mr. Andrew McKenna who called to the Bar in 2002. The hourly rates submitted, namely, $250.00 for Mr. Burke, $187.00 for Mr. McKenna and $135.00 for Mr. Aburto, are eminently reasonable. It is also apparent that there was an appropriate delegatiion to staff who were billing at a much lower rate than Mr. Burke. The fees are also allocated to two different sets of Defendants; Penn West Petroleum Ltd. and the Provincial Government of Alberta. It must be noted that Mr. Manson’s outrageous comments targeted both sets of Defendants equally.
7In this case, the request for costs on a substantial indemnity basis is warranted having regard to the contemptuous behaviour of the Plaintiff Scott Manson. The amount of time spent and the hourly rates are reasonable. I therefore allow the Defendants their costs on a substantial indemnity scale which I fix in the amount of $14,981.47 which sum is payable by the Plaintiff Scott Manson forthwith.
Mr. Justice Robert N. Beaudoin
Date: January 23, 2014
COURT FILE NO.: 12-55468
DATE: 2014/01/23
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Melba Manson and Scott Manson, Plaintiffs
AND
Canetic Resources Ltd., Penn West Petroleum Ltd., also known as Penn West Energy Trust and also known as Penn West Exploration, and Her Majesty the Queen in right of Alberta, also known as The Provincial Government of Alberta, Defendants
BEFORE: Mr. Justice Robert N. Beaudoin
COUNSEL: Melba Manson and Scott Manson, Self‑represented
Todd J. Burke and Roberto D. Aburto, for the Defendants
ENDORSEMENT on costs
Beaudoin J.
Released: January 23, 2014