King v Giardina, 2017 ONSC 3918
Court File and Parties
COURT FILE NO.: CV-09-384687 DATE: 20170531 ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
GREGORY P. KING Mr King, for himself Plaintiff
- and -
ANDREA GIARDINA, MONIQUE SASSON and CHIOMENTI STUDIO LEGALE Paul Schabas and John Mather, for the Defendants Defendants
Costs Endorsement
D.L. Corbett J.:
[1] The defendants have been entirely successful and are entitled to costs. They seek partial indemnity costs of $65,981.09.
[2] I accept the time and hourly rates claimed. I agree that there was some duplication between the work of senior and junior counsel but this minor duplication was necessary to involve junior counsel in the file, an involvement that reduced overall costs. I would not discount costs for duplication of work.
[3] I agree with the defendants’ argument that the claim against them was improper and vexatious. King’s claim in this proceeding was a collateral attack on the judgment in the Italian proceedings and the decisions of Whalen J. and the Court of Appeal in the Ontario enforcement proceedings. There was no legitimate basis to drag these Italian lawyers through this process in Ontario.
[4] The issues in this case, though not difficult, were very important to the defendants. The defendants were justified in retaining senior counsel to protect their interests, including their professional reputations.
[5] King’s partial indemnity costs are said to have been $27,489. This was calculated at a rate of $200 per hour for King’s time, a rate lower than the partial indemnity rate for senior counsel for the defendants. The file has a long history, already known to King, which would take defense counsel considerable time to learn. It should be no surprise to King that the defendants’ costs would be materially higher than $27,000.
[6] In all of these circumstances, I find that the defendants’ overall claim for costs is reasonable and within the reasonable expectations of the parties within the principles set out in Boucher v. Public Accountants Council (Ontario) (2004), 71 OR (3d) 291 (CA).
[7] Costs to the defendants from King fixed at $65,981.09, inclusive, payable within thirty days.
D.L. Corbett J. Released: May 31, 2017