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.

Introduction

1On 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.

2LMR now seeks its costs on a partial indemnity basis in the amount of $7,738.41.

3LMR 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.

4The 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

Conclusion

5As 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.

6The 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.

7The 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.

8The 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.

9Having 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.