Court File and Parties
COURT FILE NO.: CV-14-497688 (Toronto) DATE: 2018/09/21 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: RAWIA SALMAN, Plaintiff AND: ROBERT IPACS and IPACS LAW OFFICE, Defendants
BEFORE: Mr. Justice D.A. Broad
COUNSEL: Rawia Salman, Plaintiff - Self-Represented Louis P. Covens, Counsel for the Defendants
costs ENDORSEMENT
[1] Counsel for the defendants has delivered his costs submissions as directed in my Endorsement released August 9, 2018. The plaintiff, Ms. Salman has not delivered any responding costs submissions.
[2] The defendants seek substantial indemnity costs in the sum of $85,560.34, comprised of $42,897.63 for fees and $42,670.71 for disbursements. The disbursements include the account of the defendants’ expert Mr. Regan, reduced to $30,000, inclusive of HST.
[3] The defendants submit that Mr. Regan’s report was necessary in order to comply with the general rule requiring expert evidence in respect of professional negligence claims as recently affirmed by the Court of Appeal in McPeake v. Cadesky & Associates 2018 ONCA 554 at para. 11. They say Mr. Reagan was required, not only to review the entire underlying file concerning the plaintiff, but also applicable case law in order to prepare his Standard of Care report.
[4] The defendants point out that the plaintiff claimed $4 million in general and punitive damages, plus non-particularized special damages, pre and post-judgment interest and costs, and her claim was dismissed in its entirely.
[5] The defendants also submit that the plaintiff’s claim was made complicated by the underlying matter in dispute, being the handling of a