COURT FILE NO.: CV-21-194-00
DATE: 2021-10-06
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: 2801100 Ontario Inc. v. River Green (Thunder Bay) Inc.
HEARD: September 24, 2021
BEFORE: Fitzpatrick J.
COUNSEL: Mr. C. O’Sullivan self-representing 2801100 Ontario Inc.
Mr. M. Singh for River Green (Thunder Bay) Inc.
Endorsement on Costs
[1] River Green brought a motion to have counsel for 2801100 Ontario Inc. (“2801100”) removed from this file on the basis that counsel had previously acted for River Green (Thunder Bay) Inc. (“River Green”). 2801100 consented to the order on the day the motion was to be heard September 27, 2021. I invited River Green to make written submissions as to costs. Mr. O’Sullivan responded to that submission today.
[2] I appreciate the submission of River Green that a motion should not have been necessary in all of the circumstances of this file. The persuasive weight of this position was reinforced by Mr. O’Sullivan’s submissions today which I understood to suggest that there was no merit to River Green’s position, but a consent was given to expedite the process. In my view, a consent to have counsel removed was the only reasonable response to the motion at issue. Substantial indemnity costs normally follow such an event.
[3] However, costs are discretionary. This matter has a complex history. There are many moving parts. I have reviewed the bill of costs of River Green. I agree with its submission that it had no choice but to bring the motion in the face of the initial position of 2801100. However, in the face of such an obvious result I cannot accept that the time expended by counsel for River Green was proportionate to the plain and obvious proposition that it was going to place before the Court. If one has such an obvious and meritorious position it is difficult to accept that it would take as much time to review and prepare materials as the bill of costs indicates. In my view, Mr. Singh’s hourly rate ($400) was reasonable for his year of call (2008) when measured on a Thunder Bay standard. He has demonstrated to this court the skills of an effective advocate. Accordingly, the nominal costs suggested by 2801100 would not be at all appropriate in the circumstances of this matter.
[4] Costs are fixed in the amount of $3,500 plus HST and plus $320 for disbursements payable forthwith.
“original signed by” The Hon. Mr. Justice F.B. Fitzpatrick
DATE: October 6, 2021
COURT FILE NO.: CV-21-194-00
DATE: 2021-10-06
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 2801100 Ontario Inc. v. River Green (Thunder Bay) Inc.
HEARD: September 24, 2021
BEFORE: Fitzpatrick J.
COUNSEL: Mr. C. O’Sullivan self-representing 2801100 Ontario Inc.
Mr. M. Singh for River Green (Thunder Bay) Inc.
ENDORSEMENT ON COSTS
Fitzpatrick J.
DATE: October 6, 2021
/lvp