Iles v. Gow, 2020 ONSC 1531

REASONS ON COSTS

CAREY J.:

1I have received submissions on costs from both parties. This was a summary judgment motion brought by the plaintiffs. The successful defendants seek full indemnity costs in the amount of $5,509.03, inclusive of HST and disbursements. The unsuccessful plaintiffs reject the defendants’ costs outline as excessive and suggest $750 in total would be fair and reasonable in the circumstances.

2The facts here are certainly unique. The decision dealt only with whether there were genuine issues for trial shown by the defendants. As the merits of both positions have yet to be determined and a trial of the issues is not imminent, I see no reason that the successful parties should not receive their reasonable costs forthwith as opposed to leaving those costs to the trial judge.

3The motion was a strategic step and while there are no allegations that this motion was improper, unreasonable or designed to delay the proceedings, deferring the successful party’s costs to the trial judge could very well act as a disincentive to the resolution of the issues in this case.

4This is not a case for full or substantial indemnity costs. It was relatively straightforward and simplified by the parties. At the same time, $750 barely covers the HST and disbursements of the fees billed to the defendants. I note that all of the work billed save for .7 hours of senior counsel’s time was performed by junior counsel which has reduced the hourly rate by more than half. The hours expended were reasonable for the issues. In all the circumstances and with consideration of the factors enumerated in r. 57.01, I have concluded a reasonable amount for costs on a partial indemnity basis is $3,500, inclusive of disbursements and HST, payable forthwith.