COURT FILE NO.: 20-84460
DATE: 20210607
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
TJ SQUARED INC.
Applicant
– and –
LOW MURCHISON RADNOFF LLP
Respondent
Jonathan Collings, for the Applicant
Ronald S. Petersen, for the Respondent
HEARD: By written submissions
costs decision
beaudoin j.
[1] On April 8, 2021, I dismissed the Applicant’s request for leave to assess an account rendered by Low Murchison Radnoff LLP (“LMR”) to their client 1605992 Ontario Inc. pursuant to ss. 9 and 11 of the Solicitors Act, R.S.O. 1990, s. 9. 23.
[2] LMR now seeks its costs on a partial indemnity basis in the amount of $7,738.41.
[3] LMR notes that the Applicant served an extensive Application Record which raised several legal arguments. The application required a responding Affidavit and a Factum. The Applicant’s serious allegations against LMR required a response.
[4] The Applicant relies on the principle of proportionality and the amount that the losing party could expect to pay in the circumstances. It refers to the relatively small amount at stake in the proceeding. It submits that its application raised important public policy issues for the legal profession and the assessment of accounts. The Applicant asks that any partial indemnity costs be ordered in accordance with its own partial indemnity costs of $1,899.81
Conclusion
[5] As noted at para. 49 of my Decision, the Applicant was aware that the costs of these proceedings would likely be disproportionate to the amount in issue.
[6] The application raised several factual and legal issues. There was an extensive record which required a review of many documents and a chain of key e-mail communications.
[7] The seriousness of the matter is reflected in my 14-page Decision. In my view, the Applicant’s modest Costs Outline does not properly reflect the amount a losing party could expect to pay.
[8] The Applicant’s argument that the application raised important public policy issues is overshadowed by my finding that the application did little to advance the reputation of the legal profession.
[9] Having regard to the relevant factors set out in rule 57.01, of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, I assess LMR’s costs in the all-inclusive amount of $5000,00, which sum is payable forthwith.
Mr. Justice Robert N. Beaudoin
Released: June 7, 2021
COURT FILE NO.: 20-84460
DATE: 20210607
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
TJ SQUARED INC.
Applicant
– and –
LOW MURCHISON RADNOFF LLP
Respondent
costs decision
Beaudoin J.
Released: June 7, 2021