Court File and Parties
BRACEBRIDGE COURT FILE NO.: CV-18-94-00 DATE: 20190703 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
John Arthur Walker, Susan Jayne Walker, Karen Barbara Ann Seegars, Maritza Sanchez and Barry Street Applicants – and – Brian Douglas Coldin, 1387881 Ontario Inc., The Bank of Nova Scotia, Parklane Investments Inc. and Barbara Coldin Respondents
Counsel: Owen Thompson, for the Applicants Davin Charney, for the Respondents
HEARD: In Writing
Reasons for Decision on Costs
1The applicants were successful in this matter. No offers to settle were exchanged; however, given the facts, there was no way to compromise.
2Mr. Coldin’s actions show that he did not consider himself bound by previous court orders with respect to the use of the right-of-way. Other cottage owners had obtained injunctions to prevent him from interfering with their use of the right-of-way. The evidence in this matter showed that he continued to interfere with the applicant cottage owners’ use of the right-of-way. The applicants had no choice but to bring proceedings against him.
3Given Mr. Colden’s disregard for previous court orders, this is a case where elevated costs are warranted. The applicants request $11,732.50 for fees [1] on a substantial indemnity basis and $2,426.49 for disbursements. I have reviewed counsel’s hourly rate, which is $400, as well as time spent. Mr. Thompson is senior counsel. His rate is appropriate. The hours spent to prepare this application and attend court for half a day is reasonable.
4Ultimately, in fixing an amount for costs, the overriding principles are fairness and reasonableness. See Boucher v. Public Accountants , 71 O.R. (3d) 291.
5In my view, a fair, reasonable and proportionate costs award for this motion is $16,971.24, all inclusive, which the respondents, Brian Douglas Coldin and 1387881 Ontario Inc., shall pay to the applicants within 30 days.
Madam Justice M.E. Vallee Released: July 3, 2019
Footnote:
1Applicants’ counsel’s time spent amounted to $15,480.00; however, he allowed a courtesy discount and billed only $11,732.50