CITATION: James Bay Resources Limited v. Mak Mera Nigeria Limited, 2015 ONSC 2487
COURT FILE NO.: CV-14-511332
DATE: 20150416
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JAMES BAY RESOURCES LIMITED
Plaintiff
– and –
MAK MERA NIGERIA LIMITED a.k.a. MAK MERA LIMITED and ADEWALE OLORUNSOLA a.k.a. WALE SOLA
Defendants
Hilary Book for the Plaintiff
Wade Morris for the Defendants
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] The Defendants, Mak Mera Nigeria Limited and Adewale Olorunsola, also known as Wale Sola, moved for an Order staying this action on the ground that Ontario does not have jurisdiction simpliciter over the Defendants or on the ground that Ontario is forum non conveniens. I dismissed the motion; see: James Bay Resources Limited v. Mak Mera Nigeria Limited, 2015 ONSC 1538. The Plaintiff, James Bay Resources Limited (“James Bay”), now seeks costs on a partial indemnity basis of $26,318.02, all inclusive.
[2] The Defendants do not dispute James Bay’s entitlement to costs, but they dispute the quantum as excessive and unreasonable.
[3] The Defendants submit that the quantum that would be fair and reasonable would be more appropriately in the range of $10,000 to $14,000.
[4] The costs outline discloses a total of 122.7 hours was expended for the motion, allocated as follows: Ms. Book (senior counsel), 36.6 hours; Ms. Chiesa (junior counsel), 64.5 hours; Mr. Eisenberg (articling student), 19.9 hours; and Ms. Dunford (law clerk), 1.7 hours.
[5] Although a jurisdiction motion is a critical motion, in my opinion, the amount of time expended by James Bay was excessive for a partial indemnity award in all the circumstances.
[6] A $26,318.02 award is beyond the reasonable expectations of the unsuccessful Defendants who knew or ought to have known that James Bay would marshal considerable resources to repel the attack being made on its Ontario proceedings.
[7] In my opinion, the award of costs on a partial indemnity basis should be $21,000, all inclusive, payable forthwith.
[8] Order accordingly.
Perell, J.
Released: April 16, 2015
CITATION: James Bay Resources Limited v. Mak Mera Nigeria Limited, 2015 ONSC 2487
COURT FILE NO.: CV-14-511332
DATE: 20150416
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JAMES BAY RESOURCES LIMITED
Plaintiff
– and –
MAK MERA NIGERIA LIMITED a.k.a. MAK MERA LIMITED and ADEWALE OLORUNSOLA a.k.a. WALE SOLA
Defendants
REASONS FOR DECISION – COSTS
PERELL J.
Released: April 16, 2015