Court File and Parties
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Kelly v Yantha
BETWEEN: Sean Patrick Kelly, Applicant and Tammy Marie Yantha, Respondent
BEFORE: Honourable Mr Justice Martin James
COUNSEL: John Mastorakos for the Applicant
Self-Represented Respondent
DATE HEARD: Written Submissions
Costs Endorsement
James J
1This is a costs endorsement following a successful motion for summary judgment by the applicant. The claim for costs is for the costs of the entire proceeding.
2The applicant’s bill of costs amounts to about $83,000 on a full indemnity basis. The respondent did not deliver a response to the applicant’s costs submissions.
3The applicant served offers to settle at various stages of the application that compare well with the results achieved.
4In his submissions, the applicant requests a costs order of $62,100.71 despite the larger sum set out in his bill of costs.
5Considering the steps taken during the course of the litigation, the time spent, the hourly rates charged and the results achieved, the amount requested is reasonable and proportional.
6The respondent’s uncooperative approach to the litigation resulted in additional costs that ought to be borne by the party who caused them.
7Order to go granting the applicant an award of costs payable by the respondent forthwith as follows:
a) Fees: $50,000.00 plus HST
b) Disbursements $ 4,956.38 plus HST
c) Total $62,100.71
(Including fees, disbursements and taxes)
James, J.
DATE: October 15, 2018
COURT FILE NO.: 12-582
DATE: October 15, 2018
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Kelly v Yantha
BETWEEN: Sean Patrick Kelly, Applicant and Tammy Marie Yantha, Respondent
BEFORE: Honourable Mr Justice Martin James
COUNSEL: John Mastorakos for the Applicant
Self-Represented Respondent
COSTS ENDORSEMENT
James, J.
DATE: October 12, 2018