Court File and Parties
CITATION: Hartstein v. Ricottone, 2016 ONSC 2067
COURT FILE NO.: 15-030-0000
DATE: 2016-03-23
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Michael Hartstein
Frederick E. Leitch, Q.C., Counsel
Plaintiff
for the Plaintiff
- and -
Dino Ricottone, Danny Ricottone and Christina Tanya Gulka as Estate Trustees of the Estate of Anna Ricottone
Defendants
Michael W. Fowler, Counsel for the Defendants
THE HONOURABLE MR. JUSTICE P.J. FLYNN
COSTS RULING
[1] The Plaintiff’s action was dismissed. The Defendants were completely successful after 2.5 days of trial and are entitled to their costs on a partial indemnity basis.
[2] There was nothing in the conduct of either party that would translate into a substantial indemnity award.
[3] Nor was I shown any Offer to Settle which would impact this Ruling.
[4] The Defendants claim total costs of $29,967.00, including $25,256.25 for fees.
[5] The Plaintiff makes no complaint about the amount of the Defendants Costs claim. His own Costs Outline shows that, if successful, he would have claimed total costs of $44,131.50.
[6] Both counsel are quite senior and entitled to the hourly fee rates they command.
[7] In accordance with the principles in Boucher, I am to fix fair and reasonable costs in line with the reasonable expectations of the losing side. The Plaintiff’s Costs Outline satisfies me on the score.
[8] Accordingly, I fix the Defendants costs in the all-inclusive amount of (rounded up) of $30,000.00 and order that amount to be paid by the Plaintiff.
P.J. Flynn J.
Released: March 23, 2016
CITATION: Hartstein v. Ricottone, 2016 ONSC 2067
COURT FILE NO.: 15-030-0000
DATE: 2016-03-23
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Michael Hartstein
Plaintiffs
– and –
Dino Ricottone, Danny Ricottone and Christina Tanya Gulka as Estate Trustees of the Estate of Anna Riccotone
Defendants
Costs Ruling
P.J. Flynn J.
Released: March 23, 2016