Vallier v. Meester, 2015 ONSC 3292
COURT FILE NO.: FC-13-450
DATE: 20150525
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Daniel Vallier, Applicant
AND
Sandra Meester, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Daniel Vallier, self-represented
Steven J. Greenberg, Counsel, for the Respondent
HEARD: by written submissions
COSTS ENDORSEMENT
[1] The 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.
[2] I have fixed the applicant’s costs at $8,500.00 inclusive of fees, disbursements and HST. These are my reasons.
[3] He 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.
[4] These costs are payable forthwith.
J. Mackinnon J.
Date: May 25, 2015
CITATION: Vallier v. Meester, 2015 ONSC 3292
COURT FILE NO.: FC-13-450
DATE: 20150525
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Daniel Vallier, Applicant
AND
Sandra Meester, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Daniel Vallier, self-represented
Steven J. Greenberg, Counsel, for the Respondent
COSTS ENDORSEMENT
J. Mackinnon J.
Released: May 25, 2015