NEWMARKET COURT FILE NO.: CV-12-108502-00
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
2234834 ONTARIO INC.
Plaintiff
– and –
AMELIE BEAUDIN
Defendant
B. Jaeger, for the Plaintiff
D. Gurizzan, for the Defendant
HEARD: By Written Submissions
COSTS ENDORSEMENT
Douglas J.
[1]
Background
This is my decision on costs resulting from my Endorsement in this matter dated February 12, 2015. For reasons that are unclear the parties were not provided a copy of my Endorsement until mid-June 2015.
2The Defendant’s motion for security for costs was dismissed for reasons set out in my Endorsement of February 12, 2015. There is no escaping the conclusion that the Plaintiff was entirely successful on the motion.
[3]
Analysis
The issues were of low to moderate complexity.
4The Plaintiff’s Bill of Costs although not supported by time dockets (which is not necessarily required) confirms total expenditure of time of 63.7 hours compared to 49.7 hours expended by counsel for the Defendant. Inclusive of HST and on a substantial indemnity basis Plaintiff seeks costs of $24,938.17 or alternatively $16,233.02 on a partial indemnity basis.
5The Defendant submits that the parties ought to bear their own costs or, in the alternative, costs be in the cause. Defendant notes that partial indemnity costs incurred by the Defendant, including HST, amount to $10,907.33 and on a substantial indemnity basis $13,424.40.
6The Plaintiff asks me to fix costs at $21,200 being comprised of $20,000 for the Plaintiff’s costs of the motion on a substantial indemnity basis and $1,200 being reimbursement of the costs awarded to the Defendant on the adjournment of the motion on February 2, 2015.
7On February 2, 2015 Justice Bird made an award of costs which the Plaintiff submits was based upon erroneous representations of fact by Defendant’s counsel. I am not sitting in appeal of Justice Bird’s decision and there is no motion before me to correct an order based upon mistake. I therefore cannot accede to the Plaintiff’s submission in this regard.
8It does appear that in the history of this motion the Plaintiff failed to comply with procedural orders of the court defining deadlines for delivery of material. I also expressed concern in my Endorsement of February 12, 2015 regarding the Plaintiff’s apparent failure to address the issues as seriously as it should. These are factors I keep in mind in determining a fair and reasonable award of costs.
9I have been made aware of no offers to settle that are relevant to my consideration of this issue.
10The expenditure of time by the Plaintiff was somewhat excessive in the circumstances.
11In my view there is no basis in the circumstances before me for an award of substantial indemnity costs.
[12]
Disposition
In my view costs fixed in the amount of $11,000 including HST is reasonable and fair in the circumstances and such shall be payable forthwith.
Douglas J.
Released: July 10, 2015