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]
Background
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.
2The defendant’s submissions were received July 2, 2015. No submissions on costs have been received from the plaintiff.
[3]
Analysis
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.
4On 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]
Disposition
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