CITATION: MarshallZehr Group Inc. v. Callidus Capital Corporation, 2016 ONSC 7316
COURT FILE NO.: C-500-14
DATE: 2016-11-25
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
MarshallZehr Group Inc.
J.G. Murdoch, Counsel for the Applicant
Applicant
– and –
Callidus Capital Corporation
Respondent
D. Bourassa, Counsel for the Respondent
SUPPLEMENTARY ENDORSEMENT RE: COSTS
THE HONOURABLE MR. JUSTICE D.J. GORDON
[1] In my reasons for decision, 2016 ONSC 3814, released June 13, 2016, I invited written submissions from counsel on the issue of costs.
[2] This proceeding involved a dispute between the first and second mortgagee. The issue requiring a determination was the date the respondent became a mortgagee in possession. The applicant was successful and, hence, is presumptively entitled to a cost award.
[3] Mr. Murdoch, counsel for the applicant, seeks a cost award of $43,885.29, inclusive of HST and disbursements. The fees are calculated on a partial indemnity basis to June 23, 2015, being the date of his client’s offer to settle, and on a substantial indemnity basis thereafter.
[4] Mr. Bourassa, counsel for the applicant, has not delivered costs submissions, despite the passage of time. It may be assumed the respondent does not oppose the above cost request.
[5] Nevertheless, I have reviewed the submissions of Mr. Murdoch and his bill of costs. I agree with his comment that this was a complicated matter given the nature of the legal and accounting issues. I also agree with his request to differentiate the award due to the offer to settle.
[6] Having regard to the bill of costs, the time docketed and hourly rates are more than reasonable. Indeed, I had anticipated both would be higher. The respondent can have no complaint.
[7] In result, costs are awarded to the applicant, fixed in the amount of $43,885.29, inclusive of HST and disbursements.
D.J. Gordon J.
Released: November 25, 2016
CITATION: MarshallZehr Group Inc. v. Callidus Capital Corporation, 2016 ONSC 7316
COURT FILE NO.: C-500-14
DATE: 2016-11-25
BETWEEN:
MarshallZehr Group Inc.
Applicant
– and –
Callidus Capital Corporation
Respondent
REASONS FOR DECISION
D.J. Gordon J.
Released: November 25, 2016