COURT FILE NO.: CV-21-194-00
DATE: 2021-11-30
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: 2801100 Ontario Inc. v. River Green (Thunder Bay) Inc.
HEARD: In writing
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] I have reviewed the submissions on costs from the defendant further to my ruling 2801100 Ontario Inc. v. River Green (Thunder Bay) Inc., 2021 ONSC 6710. In paragraph 23 of that decision, the plaintiff was given until November 12, 2021 to make its written submissions. The court did not receive any submissions from the plaintiff, and none were uploaded to Caselines. As indicated in the above noted judgement, I advised the parties I would proceed to fix costs based on the materials received even in a circumstance where I had only received one set of materials within the timelines set out in the judgment. Therefore, I started my consideration of the issue of costs on November 25, 2021.
[2] The defendant was wholly successful on the motion. The defendant offered to settle the motion by the plaintiff agreeing to have the default judgment set aside on a no costs basis on September 10, 2021. The offer was not accepted. It is an offer that I take into account in fixing the overall quantum of costs.
[3] In my decision at paragraph 24, I requested the parties to be mindful of my recent decision involving these very same parties regarding costs. Counsel for the successful party on the motion, Mr. Singh has honoured that request by not claiming any costs for the preparation of the motion record.
[4] The bill of costs of the defendant indicates Mr. Singh spent 39.1 hours on the file post September 10, 2021. The costs claimed on a substantial indemnity scale for this period was $14,076.00. As I have said in a previous endorsement, Mr. Singh impresses as a competent and effective advocate. His hourly rate is reasonable. However, I do not see the time spent post September 10 as proportionate to the nature and scope of the motion that the defendant was making. It was a straight-forward motion. However, the hours spent following the rejection of the offer by the plaintiff seem to me to be out of proportion to responding to what turned out to be non persuasive and ineffective materials filed by the plaintiff in opposing the motion.
[5] In my view, a proportionate and reasonable award of costs to a litigant that has reasonably offered to settle a relatively straight forward motion of this type, is $10,000.00 for fees plus HST and disbursements of $320.00.
[6] 2801100 Thunder Bay Inc. shall pay River Green (Thunder Bay) Inc. costs fixed in the amount of $11,620.00 inclusive of HST and disbursements for costs of this motion forthwith.
“original signed by” The Hon. Mr. Justice F.B. Fitzpatrick
DATE: November 30, 2021
COURT FILE NO.: CV-21-194-00
DATE: 2021-11-30
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 2801100 Ontario Inc. v. River Green (Thunder Bay) Inc.
HEARD: In writing
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: November 30, 2021
/lvp