Court File and Parties

Court File No.: 54590/13 Date: September 14, 2016 Superior Court of Justice - Ontario

Re: Ryan Lindsay, Plaintiff And: Verge Insurance Brokers Ltd. and Mark Sherk, Defendants And: All Risks Insurance Brokers Ltd. and Richard Sherk, Third Parties

Before: Turnbull, J.

Counsel: R. David House, for the Plaintiff, Ryan Lindsay Stephen F. Gleave/ Richelle M. Pollard, for the Defendants

Cost Endorsement

[1] The court heard a motion and released a decision with respect to the plaintiff’s motion for answers to undertakings and in particular the waiver of privilege issue. That decision is contained in an endorsement dated June 16th, 2016.

[2] I directed counsel to provide written submissions with respect to costs and have received those submissions from counsel for the plaintiff.

[3] The plaintiff seeks partial indemnity costs with respect to the aforesaid motion. Counsel for the plaintiff, Mr. House was called to the bar in 1995 and has just over 21 years of experience at the bar practicing in the area of civil litigation. He claims $325.00 per hour on a partial indemnity rate and I find that is reasonable and fair.

[4] In considering the relevant factors under Rule 57.01(1) of the Rules of Civil Procedure, I considered the matter to be reasonably straight forward. However the issues which were argued are important. The issues related to solicitor/client privilege over certain documents disclosed in the affidavit of documents. The production of those documents may very well have import in the final determination of this action. The plaintiff was clearly within his rights to bring the motion and based on the law cited in my decision, the defendant ought not to have resisted the motion.

[5] As a result, I consider that the matter became unnecessarily complicated and somewhat protracted as a result of the position of Verge and Mark Sherk on this motion.

[6] Mr. House claims 13 hours for his time involved in reviewing the undertaking charts all correspondence, meetings, drafting his submissions for the motion, preparation for the hearing and attendance on the hearing. He also claimed 4.3 hours for his law clerk at the rate of $80.00 per hour which I find to be reasonable and appropriate. He also claims total disbursements of $2630.28 including GST and HST which are itemised and appropriate.

Conclusion

[7] The defendants Verge Insurance Brokers Ltd. and Mark Sherk shall within 30 days pay to the plaintiff his costs and assessed disbursements on a partial indemnity basis in the sum of $11,701.36.

Turnbull, J Date: September 14, 2016