SUPERIOR COURT OF JUSTICE - ONTARIO
Court File No.: C-843-13
Date: 2015-09-24
RE: Blake Daniel Jeffrey Irwin Holstock, Plaintiff
AND:
Her Majesty the Queen in Right of the Province of Ontario
(Ministry of Community Safety and Correction Services)
and Maplehurst Correctional Complex, Defendants
BEFORE: The Honourable Mr. Justice P.J. Flynn
COUNSEL:
Bernard Verbanac, for the Plaintiff
Domenic Polla, for the Defendant/Moving Party
COSTS
[1] The Defendant was completely successful on this motion and is entitled to its costs.
[2] It seeks $7,347.00 on a partial indemnity basis prior to its Offer to Settle and $2,009.10 thereafter on a substantial indemnity basis – total costs of $9,356.10.
[3] The Plaintiff takes no issue with the hourly rate claimed by Defendant’s counsel but takes issue with the time charged, arguing that some of it (for clerical tasks) ought to have been charged to clerks at a much lower rate.
[4] Moreover the Plaintiff argues that the time spent by the Defendant on the motion was neither reasonable nor proportional.
[5] The Plaintiff’s motion was ill conceived and the Plaintiff should have accepted the Defendant’s Offer to withdraw its motion if the Plaintiff agreed to a Statement of Claim concerning only the slip and fall.
[6] The Defendant’s success on this motion has avoided considerable time and resources up to and including trial.
[7] My mandate is to fix costs that are fair and reasonable and within the reasonable expectation of the losing side.
[8] Mr. Verbanac does not suggest a fair and reasonable quantum. I am not instructed by his own Costs Outline.
[9] While I do not agree with his assessment of the task analysis, I might concede some of his complaints of excessive time.
[10] In my view, it would have been reasonable for the Plaintiff to expect a successful party on such a motion to claim at least $7,500 for costs. That amount is reasonable and fair.
[11] And that is the amount I order the Plaintiff to pay to the Defendant within 30 days.
P.J. Flynn J.
Date: September 24, 2015