COURT FILE NO.: CV-19-00082301
DATE: 20201211
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: LOUIS WATSON, Plaintiff
AND
ASHLEIGH WATSON, Defendant
BEFORE: Justice J. McNamara
COUNSEL: Plaintiff is self-represented
James Anderson, for the Defendant
HEARD: By written submissions
COSTS ENDORSEMENT
[1] Subsequent to the release of my Endorsement in this matter, I received an inquiry from counsel for the defendant as to whether I would be entertaining costs submissions from the parties. My initial indication was that my inclination was not to award costs, as in my view, the conduct of the parties had not been exemplary, but I also advised that I would entertain written submissions.
[2] Counsel for the defendant, Mr. Anderson, responded with a submission. The plaintiff, Mr. Watson, has not filed any material.
[3] In Mr. Anderson’s submission, he pointed out that while no formal Offer to Settle was served, he had provided an offer in correspondence to the plaintiff’s then solicitor. In it, he offered to settle this motion if the plaintiff would withdraw his claim for malicious prosecution and then consent to combine the balance of his claims with the parties’ family court proceeding. There is nothing in his letter about costs to the date of the offer, only that substantial indemnity costs would be sought from that date onwards.
[4] The defendant was completely successful on this motion. There is a presumption that a successful party is entitled to costs. I was not previously aware of the defendant’s offer. I have no indication that any offers were made by the plaintiff.
[5] In the circumstances, I am satisfied the defendant is entitled to an order for costs.
[6] As to scale, I am not persuaded that this is a case for an elevated costs award. Partial indemnity is the appropriate basis. Looking at some of the relevant factors, this matter, while important to the parties, was not terribly complex. The offer was not clear as to its cost consequences to the date of the letter. Further, as I have already touched upon, the conduct of the parties throughout this matter was not exemplary.
[7] The rates claimed by counsel and the time spent are not unreasonable.
[8] In all the circumstances, the defendant will have her costs on a partial indemnity basis in the amount claimed of $4,268.82 plus HST and disbursements as claimed.
Mr. Justice James McNamara
Date: December 11, 2020
COURT FILE NO.: CV-19-00082301
DATE: 20201211
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: LOUIS WATSON, Plaintiff
AND
ASHLEIGH WATSON, Defendant
BEFORE: Mr. Justice James McNamara
COUNSEL: Plaintiff is self-represented
James Anderson, for the Defendant
COSTS ENDORSEMENT
McNamara J.
Released: December 11, 2020