Vallier v. Meester, 2015 ONSC 3292

COSTS ENDORSEMENT

1The applicant was successful in achieving a monetary award of $20,000 based on his claim for unjust enrichment, after what was essentially six full days of trial. He is seeking $19,750 in costs. His lowest offer to settle was that he would accept $25,000. The respondent’s highest offer was to pay him $5,000. Clearly the principal of proportionality did not figure strongly in their settlement efforts.

2I have fixed the applicant’s costs at $8,500.00 inclusive of fees, disbursements and HST. These are my reasons.

3He was the successful party. The fact that he claimed $60,000 and was awarded $20,000 does not mean success was divided between the parties. He was represented by a lawyer at times, both on and off the record. He is also entitled to reasonable compensation for the work he himself did as a self-represented litigant. Trial time was lost and /or occupied because of some documentary issues pertaining to the applicant. I ruled at the time that this loss of time would be factored into my costs determination. Respondent's counsel suggests a reduction of $1,500 on this account, and I agree. The respondent was unsuccessful but that does not mean her litigation conduct was unreasonable or deserving of the full recovery costs asked for by the applicant.

4These costs are payable forthwith.

J. Mackinnon J.