CITATION: St. Amand v. Tisi, 2017 ONSC 4184
COURT FILE NOs.: 11475/17 & 11485/17
DATE: 2017/07/06
ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO. 11475/17
B E T W E E N:
Claude St. Amand
Applicant
Duncan M. Macfarlane, Q.C., for the Applicant
- and -
Lynn Tisi
Respondent
Derek A. Schmuck, for the Respondent
COURT FILE NO. 11485/17
A N D B E T W E E N:
Lynn Tisi
Applicant
Derek A. Schmuck, for the Applicant
- and -
Claude St. Amand
Respondent
Duncan M. Macfarlane, Q.C., for the Respondent
The Honourable Justice T. Maddalena
COSTS ENDORSEMENT
[1] I heard this application at St. Catharines, Ontario on April 21, 2017. I released my written decision on May 19, 2017. I have now received and reviewed the written costs submissions of both parties.
The Position of the Applicant
[2] The applicant was the successful party and claims substantial indemnity costs fixed at $20,209.81 all inclusive of fees, disbursements and HST.
The Position of the Respondent
[3] The respondent submits the court should make no order as to costs.
[4] In the alternative, the respondent submits that if costs are awarded to the applicant, any such costs should be fixed at $8,000 all inclusive of fees, disbursements, plus HST.
Analysis
[5] Rule 57.01(1) of the Rules of Civil Procedure sets out those factors for consideration by the court in any award of costs.
[6] Further, I am also mindful of those principles enunciated by the court in Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (CA), where the Court stated that,
"The fixing of costs does not begin or end with the calculation of hours times rates. The overall objective is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances, rather than an amount fixed by the actual costs incurred by the successful litigant."
[7] Further, after reviewing the applicant's bill of costs, I find the rates charged by counsel, as well as the law clerk, are reasonable.
[8] While the issues were of great importance to the applicant, the legal issues themselves were not complex.
[9] Further, I find both parties moved the application forward in a way that was appropriate and in accordance with the Rules.
[10] No bill of costs was forwarded by the respondent (to assist in assessing what the unsuccessful party could reasonably expect to pay).
[11] Given all of the circumstances, costs should be awarded to the applicant on a partial indemnity basis. I fix those costs at $15,000 inclusive of disbursements and HST.
Order
[12] The respondent Ms. Tisi shall pay to the applicant Mr. St. Amand costs fixed at $15,000 inclusive of disbursements, plus HST, payable within 30 days.
Maddalena J.
Released: July 6, 2017
CITATION: St. Amand v. Tisi, 2017 ONSC 4184
COURT FILE NOs.: 11475/17 & 11485/17
DATE: 2017/07/06
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N: 11475/17
Claude St. Amand
Applicant
- and –
Lynn Tisi
Respondent
A N D B E T W E E N: 11485/17
Lynn Tisi
Applicant
- and –
Claude St. Amand
Respondent
COSTS ENDORSEMENT
Maddalena J.
Released: July 6, 2017