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
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
[1] The 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.
[2] In 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.
[3] I had to wait for the Applicant’s costs submissions to learn that there were no Offer(s) in this case.
[4] While I received the Respondent’s Costs Outline, no Bill of Costs was delivered.
[5] That 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.
[6] These have assisted me in fixing costs so as to meet the Boucher test of determining costs within the reasonable expectation of the losing side.
[7] In 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.
[8] I 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.
[9] Mr. Thomson does not complain about the rates in the Respondent’s Costs Outline – only about excessive time charges.
[10] Rather, 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.
[11] In my view, the fair and reasonable costs earned by the Respondent amount to no more than $15,000, all inclusive.
[12] That 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