Court File and Parties

COURT FILE NO.: CV-10-410019
DATE: 20150727

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MICHAEL SHVARTSMAN, Plaintiff

AND:

LIQUOR CONTROL BOARD OF ONTARIO a.k.a. LCBO, Defendant

BEFORE: STEWART J.

COUNSEL:
Glen Perinot, for the Plaintiff

Eric J. Adams, for the Defendant

HEARD: In Writing

COSTS ENDORSEMENT

[1] In my decision of June 3, 2015, I invited counsel for the parties to provide written submissions on costs if that subject could not be agreed upon by them. I now have received and considered those submissions.

[2] The Defendant was successful in obtaining a dismissal of the Plaintiff’s action following a short trial. The trial was significantly streamlined as a result of the preparation by the parties of an Agreed Statement of Facts. The legal issue raised on these facts was comparatively narrow. No offer to settle is being relied upon by either party.

[3] The actual fees incurred by the Defendant, including disbursements and HST, approach $40,000.00. The Defendant relies on its success in the action and the importance of the principle raised therein to justify the costs it seeks which, as I understand its submissions, are in the range of $30,000.00.

[4] The amount of the Plaintiff’s claim was $37,283.00. The Plaintiff suggests that the costs sought by the Defendant are excessive in the circumstances, and that a total amount of $18,645.00 (as broken down in its submissions) is a more reasonable figure.

[5] In my view, the factors governing costs, including an assessment of the reasonable expectations of the parties and the overriding principle of proportionality, cause me to conclude that a fair and reasonable amount to award the Defendant for its costs of this action is $20,000.00, inclusive of disbursements and applicable taxes. An order shall go accordingly.

STEWART J.

Date: July 27, 2015