Court File and Parties

COURT FILE NO.: CV-19-618947 DATE: 2020-09-24

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ENRICO IAFOLLA, Applicant AND: JOLANTA LASOTA, Respondent

BEFORE: Schabas J.

COUNSEL: Payam Ezzatian, counsel for the Applicant Brian Pilley, counsel for the Respondent

HEARD: August 18, 2020

COSTS ENDORSEMENT

[1] On September 1, 2020, I released my Reasons for Judgment dismissing this application: Iafolla v. Lasota, 2020 ONSC 5213. The respondent now seeks costs on a partial indemnity basis in the amount of $15,084.47, inclusive of disbursements and HST.

[2] The sole issue is quantum. The applicant takes issue with many of respondent counsel’s dockets, and argues with much of the time spent. The respondent submits that the appropriate amount to award should be between $4,152.75 to $5,339.25.

[3] My objective in fixing costs is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant: Boucher v. Public Accountants Counsel for Ontario, 2004 14579 (ON CA), 2004 14579 (Ont. C.A.). I have considered the factors discussed in Boucher and set out in Rule 57.01(1) of the Rules of Civil Procedure in reviewing this matter, as well as the principle of proportionality (R. 1.01(1.1)), keeping in mind that the court should seek to balance the indemnity principle with the fundamental objective of access to justice.

[4] This was an important case for the respondent, who is of limited means and sought to protect assets to be used to support her and her child derived from the sale of her residence. While I agree that some of the costs, based on the docket entries, are not appropriate for recovery on a partial indemnity basis, the case raised legal issues that had to be addressed, and involved affidavits, cross-examinations and a hearing.

[5] In my view, an appropriate sum that the applicant ought reasonably have expected to pay if unsuccessful on the application, is $12,000, inclusive of disbursements and HST. The applicant shall pay that sum to the respondent in costs.

Paul B. Schabas, J.

Date: September 24, 2020