Merpaw v. Hyde, 2015 ONSC 1795
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Tammy Lynn Merpaw, Plaintiff
AND:
Scott Carson Hyde c.o.b. as City Limits Convenience and MacEwen Petroleum Inc., Defendants
BEFORE: Justice Rick Leroy
COUNSEL: Cale Harrison for Susan Mitchell, Counsel for the Plaintiff
John Lundrigan, Counsel for the Defendant MacEwen Petroleum Inc.
HEARD: Costs Submissions in writing
COSTS ENDORSEMENT
1This is the costs endorsement following my ruling on the refusals motion released February 20, 2015.
2Mr. Justice Brown released standard case management directions as an appendix to reasons in Farrell v. Kavanagh, 2014 ONSC 905. The costs of refusals motions in his court were assessed at $1,500 per refusal. In the instant case, there were eight refusals. Success was split. An amount per refusal assessment is an efficient basis for calculation of costs risks and outcomes and I adopt it. Litigants should expect it will cost $1500 per contested refusal on motion.
3Out of the motion’s eight contested refusals, the plaintiff was successful on five – a, b, c, e and f. The defendant was successful on one – h. They split success on d and g.
4Costs for the Plaintiff against the moving Defendant are fixed in the amount of $6,000 in fees plus HST plus $1525 for disbursements, payable within thirty days.
Justice Rick Leroy
Date: March 19, 2015