Court File and Parties
COURT FILE NO.: 15-4080-SR
DATE: 2018-05-29
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
MARGARET MUNRO
Plaintiff
– and –
PATRICK O’NEILL also known as
PAT O’NEILL
Defendant
M. Grossman, Counsel for the Plaintiff
L. Rodenburg and F. Hakim,
Counsel for the Defendant
The Honourable Mr. Justice D.J. Gordon
Supplementary Endorsement Re: Costs
[1] In my reasons for decision, released May 4, 2018, I invited written submissions from counsel if they were unable to agree on the issue of costs. The plaintiff was granted judgment in the amount of $41,900 and is entitled to a cost award.
[2] Mr. Grossman, counsel for the plaintiff, seeks an award of $47,711.63, on a substantial indemnity basis, alternatively $36,329.99 on a partial indemnity basis. Ms. Rodenburg, counsel for the defendant, suggests a reasonable award, on a partial indemnity basis, is in the range of $22,474 to $25,181.
[3] In my view, a reasonable cost award, on a partial indemnity basis, is $30,434.14, being fees of $23,000, HST of $2,990 and disbursements of $4,444.14. I so order.
[4] Partial indemnity costs are appropriate as neither of the parties’ offers to settle attract Rule 49 consequences. Substantial indemnity costs cannot be awarded in lieu of a possible punitive damage claim.
[5] Experts were retained by both parties. One of the plaintiff experts did not comply with Rule 53. His report was of no assistance. In her testimony at trial, the plaintiff accepted the quantification of damages by the defendant’s expert. This was not disclosed prior to trial. These two factors ought to have been addressed prior to trial. It should have led to a resolution.
[6] The issue of costs ought to have been resolved by counsel. This was not a difficult issue. Yet, I am informed the plaintiff wanted the court to decide the claim.
[7] I reject the disbursement for the expert who provided a defective report and the plaintiff’s travel expense. Some fee reduction is warranted for the above reasons.
D.J. Gordon J.
Released: May 29, 2018
COURT FILE NO.: 15-4080-SR
DATE: 2018-05-29
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
MARGARET MUNRO
Plaintiff
– and –
PATRICK O’NEILL also known as
PAT O’NEILL
Defendant
REASONS FOR JUDGMENT
D.J. Gordon J.
Released: May 29, 2018