CITATION: 420-450 Britannia Road East Ltd. v. Kennedy Transportation Network Ltd., 2015 ONSC 2489
COURT FILE NO.: CV-11-426366
DATE: 20150416
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
420 – 450 BRITANNIA ROAD EAST LTD.
Plaintiff
– and –
KENNEDY TRANSPORTATION NETWORK LTD., ABTECH EQUIPMENT & SERVICES LTD., JOHN ST. GELAIS (ALSO KNOWN AS JEAN ST. GELAIS) and EVA ST. GELAIS
Defendants
Antony Niksich for the Plaintiff
Amandeep Sidhu for the Defendants John St. Gelais (also known as Jean St. Gelais) and Eva St. Gelais
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] The Defendants John St. Gelais (also known as Jean St. Gelais) and Eva St. Gelais (“the St. Gelais”) brought a motion to set aside a default judgment granted to the Plaintiff 420-450 Britannia Road East Ltd. (“Britannia”) for $216,756. I dismissed the motion; see 420-450 Britannia Road East Ltd. v. Kennedy Transportation Network Ltd., 2015 ONSC 1791. Britannia claims costs of $9,975.65, all inclusive on a partial indemnity scale.
[2] Britannia’s Bill of Costs indicates that its lawyer expended 26.3 hours for the motion, approximately twice as much time as the St. Gelais’ lawyer spent on the matter. It is the St. Gelais’ position that the legal fees claimed by Britannia are excessive and unreasonable.
[3] I disagree. Having reviewed the Bill of Costs, in my opinion, the costs claimed are fair and reasonable and within what the St. Gelais’ should reasonably have expected. Accordingly, I grant Britannia costs of $9,975.65, all inclusive on a partial indemnity scale, payable forthwith.
Perell, J.
Released: April 16, 2015
CITATION: 420-450 Britannia Road East Ltd. v. Kennedy Transportation Network Ltd., 2015 ONSC 2489
COURT FILE NO.: CV-11-426366
DATE: 20150416
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
420 – 450 BRITANNIA ROAD EAST LTD.
Plaintiff
– and –
KENNEDY TRANSPORTATION NETWORK LTD., ABTECH EQUIPMENT & SERVICES LTD., JOHN ST. GELAIS (ALSO KNOWN AS JEAN ST. GELAIS) and EVA ST. GELAIS
Defendants
REASONS FOR DECISION - COSTS
PERELL J.
Released: April 16, 2015