Sharon Todd v. Felton Brushes Ltd et. al., 2015 ONSC 3209
COURT FILE NO.: CV-11-27871
DATE: 2015-05-25
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Sharon Todd v. Felton Brushes Limited, Tony Ponikvar et al.
BEFORE: Justice T. R. Lofchik
COUNSEL: Jane Poproski, for the Plaintiff
Ronald J McClosky, for the Defendants Felton Brushes Ltd and Tony Ponikvar
COSTS ENDORSEMENT
[1] The defendants Felton Brushes Ltd and Tony Ponikvar are entitled to their costs of the action as the result of a successful motion for summary judgment against those defendants. It is appropriate that those costs be on a partial indemnity basis.
[2] The defendants are requesting $28,020.73 in total fees, disbursements, and H.S.T as costs of the action. The plaintiff argues that this amount is excessive in the circumstances.
[3] I find that the hourly rate being claimed in the amount of $325 on a partial indemnity basis is reasonable.
[4] It is trite to say that the amount which a successful party is entitled to recover from an unsuccessful party is not solely related to hours expended times dollars per hour. Another important consideration is what a reasonable losing party might expect to pay under the circumstances.
[5] I have reduced the amounts claimed with respect to file review and pleadings and with respect to discovery of documents taking into account an amendment to the statement of defence, discussions with co-defendant’s counsel and solicitor client discussions between the defendants and their counsel.
[6] I have consolidated the time for motion preparation and attendance on the motion including the adjournment on April 15th, 2015 into a lump sum of $8,500.
[7] I have reduced the amount of the claim for disbursements by the amount paid for the process server fees and courier fees, as I find the incurring of these fees to be unnecessary.
[8] In the result I find the following amounts due to the defendants Felton Brushes Ltd and Tony Ponikvar:
Total partial indemnity fees $18,900
Total disbursements $842.77
H.S.T on fees and disbursements $2,531.33
Total $22,274.10
[9] Order to issue accordingly.
LOFCHIK, J.
DATE: 25th May, 2015
COURT FILE NO.: CV-11-27871
DATE: 2015-05-25
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Sharon Todd v. Felton Brushes, Tony Ponikvar et. al.
BEFORE: Justice T. R. Lofchik
COUNSEL: Jane Poproski, for the Plaintiff
Ronald J. McCloskey, for the Defendants Felton Brushes Ltd and Tony Ponikvar
COSTS ENDORSEMENT
JUSTICE LOFCHIK
DATE: 25th May, 2015