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
VALLEE J.:
[1] The applicants were successful in this matter. No offers to settle were exchanged; however, given the facts, there was no way to compromise.
[2] Mr. 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.
[3] Given 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.
[4] Ultimately, in fixing an amount for costs, the overriding principles are fairness and reasonableness. See Boucher v. Public Accountants , 71 O.R. (3d) 291.
[5] In 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:
[1] Applicants’ counsel’s time spent amounted to $15,480.00; however, he allowed a courtesy discount and billed only $11,732.50