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
1In my reasons for decision, 2016 ONSC 3814, released June 13, 2016, I invited written submissions from counsel on the issue of costs.
2This 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.
3Mr. 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.
4Mr. 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.
5Nevertheless, 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.
6Having 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.
7In 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