Court File and Parties

COURT FILE NO.: 16-DV-2175 DATE: 2017/06/05

ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N:

COONEY BULK SALES LIMITED Applicant – and – TEAMSTERS LOCAL UNION NO. 91 and KEVIN BANKS Respondents

Counsel: Andrew Lister, counsel for the Applicant David Spears, counsel for the Respondents

HEARD AT OTTAWA: In Writing

Costs decision

R. SMITH J.

[1] The Respondent seeks costs of $7,185.10 on a substantial indemnity basis and $4,879.23 on a partial indemnity basis.

[2] The Applicant submits that the amount of preparation time claimed is excessive and that costs should only be awarded on a partial indemnity basis.

Factors

[3] The factors to be considered when fixing costs are set out in Rule 57 of the Rules of Civil Procedure and include in addition to success, the amount claimed and recovered, the complexity and importance of the matter, unreasonable conduct of any party which unduly lengthened the proceeding, scale of costs and any offer to settle, the principle of indemnity, hourly rate claimed the time spent and the principle of proportionality, and the amount that a losing party would reasonably expect to pay.

[4] The Respondent successfully opposed the motion for a stay of the hearing. The issues were not complex and the matter was heard in writing.

[5] Considering the factors, the Applicant is ordered to pay costs of $3,500.00 inclusive of HST and disbursements to the Respondent.

Justice Robert Smith Released: June 5, 2017