Court File and Parties
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
DATE HEARD: Written Submissions
Costs Endorsement
James J
[1] This 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.
[2] The 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.
[3] The applicant served offers to settle at various stages of the application that compare well with the results achieved.
[4] In his submissions, the applicant requests a costs order of $62,100.71 despite the larger sum set out in his bill of costs.
[5] Considering 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.
[6] The respondent’s uncooperative approach to the litigation resulted in additional costs that ought to be borne by the party who caused them.
[7] Order 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