ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
2123201 Ontario Inc.
Randell K. Thomson, Counsel for the Applicant
Applicant
- and -
The Estate of Harold Israel, by his Estate Trustee, Ken Israel Respondent
Steven W. Pettipiere, Counsel for the Respondent
THE HONOURABLE MR. JUSTICE P.J. FLYNN
COSTS RULING
1The Respondent was completely successful and is entitled to fair and reasonable costs on a partial indemnity scale, in accordance with the reasonable expectations of the losing party. The Applicant concedes this.
2In paragraph 43 of my Reasons for Judgment on the application, I directed the Respondent to deliver not only a Costs Outline, but also its Bill of Costs and any relevant Offer(s) to Settle.
3I had to wait for the Applicant’s costs submissions to learn that there were no Offer(s) in this case.
4While I received the Respondent’s Costs Outline, no Bill of Costs was delivered.
5That makes it difficult for the court to cast an intelligent critical eye on the Respondent’s unaugmented submissions. So, I turn to the submissions from the Applicant. There are two: from the solicitor who argued the application and from the solicitor who otherwise acted on the matter.
6These have assisted me in fixing costs so as to meet the Boucher test of determining costs within the reasonable expectation of the losing side.
7In my view, this matter was one of moderate complexity. Besides Mr. Pettipiere, a very seasoned lawyer, four other lawyers, three law clerks and one student piled their time into this file. I could almost hear a Christmas carol in the making.
8I agree with Mr. Thomson’s complaint that the Respondent’s Costs Outline shows that exorbitant and duplicated time was logged by the professionals and staff in the Respondent’s law firm.
9Mr. Thomson does not complain about the rates in the Respondent’s Costs Outline – only about excessive time charges.
10Rather, Mr. Thomson is urging upon me this view of the Boucher test: look at our Costs Outline and you will understand the Applicant’s reasonable expectations. I did and I do.
11In my view, the fair and reasonable costs earned by the Respondent amount to no more than $15,000, all inclusive.
12That is the amount I order the Applicant to pay.
P.J. Flynn J.
Released: March 27, 2015
CITATION: 2123201 Ontario Inc. v. The Estate of Harold Israel, 2015 ONSC 2035
COURT FILE NO.: C-840-13
DATE: 2015-03-27
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
2123201 Ontario Inc.
Applicants
– and –
The Estate of Harold Israel, by his Estate Trustee, Ken Israel
Respondent
COSTS RULING
P.J. Flynn J.
Released: March 27, 2015
/lr