Court File and Parties

Court File No.: CV-15-532471 Date: 2017-05-11 Superior Court of Justice - Ontario

Re: AAA Entertainment B.V., Plaintiff And: Cinemavault Releasing International Inc., Defendant

Before: Stewart, J.

Counsel: Peter I. Waldmann, for the Plaintiff Glenn R. Solomon, for the Defendant

Heard: In Writing

Endorsement

[1] In my decision of February 14, 2017, I invited counsel for the parties to provide written submissions on costs if that subject could not be agreed upon.

[2] I now have received and considered those submissions.

[3] The Plaintiff seeks costs of $43,566.14 for the action and summary judgment motion. That amount includes a claim for disbursements of $20,237.29. Disbursements include the cost of an expert report from Prof. Van Mierlo attesting to Dutch law which was required for the motion.

[4] The Defendant does not quarrel with the Plaintiff’s entitlement to an award of costs, but does challenge the extent of time spent in preparation and drafting of materials required to argue the principal issue of enforcement of the so-called “penalty” provision in the judgment. The Defendant suggests that an award of half the amount sought would be more appropriate.

[5] I agree that the issue advanced and argued was a comparatively narrow one. Although expert evidence was required, the issue upon which such evidence was tendered was likewise a reasonably simple and straightforward one.

[6] The many considerations that go into an exercise of judicial discretion as to costs must include proportionality (see: Boucher v. Public Accountants Council for the Province of Ontario). Time spent and expenses incurred should be not only proportional to the amount of money in issue, but also to the degree of complexity of the legal issues raised.

[7] As a result, I am of the view that the amount claimed for costs by the Plaintiff is excessive. Accordingly, the successful Plaintiff shall have its costs fixed at $30,000.00, inclusive of all disbursements and applicable taxes. That amount shall be payable by the Defendant to the Plaintiff within 30 days.

[8] Submissions delivered by counsel for the Defendant took no issue with the Plaintiff’s calculation of interest and exchange rate. I therefore have signed the draft Judgment which includes a provision for this costs order, as provided by counsel for the Plaintiff.

Released: May 11, 2017 Stewart, J.