Court File and Parties

Court File No.: 13-41497
Date: 2015-08-17
Superior Court of Justice - Ontario

RE: Lisa Curtis, Plaintiff

AND:
Unifund Insurance, Defendant

Before: The Honourable Mr. Justice C.S. Glithero

Counsel:
Ferro & Company, for the Plaintiff
Arthur Camporese, for the Defendant

Ruling on Costs

[1] By typewritten Reasons released on June 12, 2015, I allowed the defendant’s motion for summary judgment dismissing the within action. In the event the parties could not agree on costs, I invited written submissions with those of the defendant to be provided within three weeks and those of the plaintiff within two weeks thereafter.

[2] The defendant’s submissions were received July 2, 2015. No submissions on costs have been received from the plaintiff.

[3] The defendant seeks costs of the action on a partial indemnity scale in the amount of $6,199.53 for fees, inclusive of applicable HST, and disbursements in the amount of $1,029.67, inclusive of applicable HST.

[4] On review of the costs submissions, the docket items provided, and the hourly rates charged for each of the three counsel and the law clerk who spent time on this file, I conclude that the hourly rates and the time spent are reasonable. I have also considered the factors listed in rule 57, and in this case the delays by the plaintiff in prosecuting the action. I find that the costs as claimed by the defendant are reasonable.

[5] For these reasons, I fix the costs payable by the plaintiff to the defendant in this matter in the amount of $6,199.53 for fees, inclusive of HST and $1,029.67 for disbursements, inclusive of HST for a total of $7,229.20.

C. Stephen Glithero

Released: August 17, 2015