Court File and Parties

Court File No.: CV-15-0331-00 Date: 2017 Jun 14 Ontario Superior Court of Justice

Between:

ROBERT ALTMAN and ARLENE ALTMAN Plaintiffs (Responding Party) – and – ESTATE OF JANICE ELEANOR NICHOLSON, RAINER GEWALT, Estate Trustee for the Estate of Janice Eleanor Nicholson and ANGELIKA GEWALT, Estate Trustee for the Estate of Janice Eleanor Nicholson Defendants (Moving Party)

Counsel: Joseph Gyverson, for the Plaintiffs (Responding Party) Scott McMahon, for the Defendants (Moving Party)

Heard: as to costs, in writing

Before: Tranmer, J.

Decision on Costs

[1] The Defendants were successful on this motion. They have filed written submissions on costs within the time frame set out in the Decision. The Plaintiffs have not.

[2] The Defendants’ offer was not strictly in accordance with the timing requirements of Rule 49.

[3] The matter was not overly complex, but of importance to both sides.

[4] In my opinion, the time expended as claimed by the Defendants is excessive.

[5] The reasonable expectations of the parties as to costs is a principle to be considered.

[6] A fit and just award of costs in this case is costs to be paid to the Defendants on a partial indemnity basis fixed in the amount of $3,300.00 for fees, plus H.S.T. thereon, together with the disbursements claimed of $507.66.

Honourable Mr. Justice Gary W. Tranmer Released: June 14, 2017