Superior Court of Justice - Ontario

CITATION: Levesque/Gagnon and Levesque v. The Estate of Father Dale Crampton et al, 2016 ONSC 7930

OTTAWA COURT FILE NO.: 13-58458

DATE: December 16, 2016

RE: Raymond Levesque, Jr., Dianne Gagnon and Derek Levesque, Plaintiff(s)

AND

The Estate of Father Dale Crampton and the Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa, Defendant(s)

BEFORE: The Honourable Mr. Justice Martin James

COUNSEL: W.J. Sammon, Counsel for the Defendant, The Estate of Father Dale Crampton

Heather J. Williams, agent for the lawyers for the Defendant, the Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa

No one for the Plaintiff

COSTS ENDORSEMENT

[1] This is a costs endorsement arising from a one hour motion respecting the proper application of the Limitations Act to the particular circumstances of this case. The respondent, Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa, was the successful party on the motion. At the end of the hearing, the Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa presented a bill of costs of $12,437.54, partial indemnity.

[2] By way of comparison, the moving party tendered a bill of costs indicating that if successful, the Estate sought $13,390.00 plus H.S.T.

[3] The position of the respondent evolved over the period of time the motion was underway, resulting in a fresh factum and additional costs for the moving party.

[4] The bill of costs for the respondent discloses that three lawyers and a clerk were engaged on the motion. It appears that senior counsel spent 6 hours reviewing the moving party’s motion material and preparing a responding factum and book of authorities. In addition, junior counsel was engaged for 48 hours on the same task without further explanation or dockets.

[5] On the available record, I find that a reasonable amount to be paid to the respondent on the motion is $6,500.00, plus disbursements as claimed, plus H.S.T., payable by the Crampton Estate within 30 days.

The Honourable Mr. Justice James

Date: December 16, 2016

CITATION: Levesque/Gagnon and Levesque v. The Estate of Father Dale Crampton et al, 2016 ONSC 7930

OTTAWA COURT FILE NO.: 13-58458

DATE: December 16, 2016

ONTARIO

SUPERIOR COURT OF JUSTICE

RE: Raymond Levesque Jr., Dianne Gagnon and Derek Levesque, Plaintiff(s)

AND

The Estate of Father Dale Crampton and the Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa, Defendant(s)

BEFORE: Honourable Mr. Justice Martin James

COUNSEL: W.J. Sammon, Counsel for the Defendant, The Estate of Father Dale Crampton

Heather J. Williams, agent for the lawyers for the Defendant the Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa

No one for the Plaintiff(s)

COSTS ENDORSEMENT

James, J.

Released: December 16, 2016