Court File and Parties
COURT FILE NO.: CV-22-1767-00 DATE: 2023 11 07
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
MISSISSAUGA HARDWARE CENTRE INC Applicant
– and –
“PROMBANK” INVESTMENT LIMITED Respondent
Counsel: N. SANGRAR, for the Applicant K. SCULLION, for the Respondent
HEARD: In Writing
COSTS ENDORSEMENT
André J.
Overview
[1] In an endorsement dated May 19, 2023, I dismissed the applicant’s application for damages for breach of contract and permanent and injunctive relief. The respondent now claims costs in the amount of $65,223.60 and disbursements in the amount of $11,889.21.
[2] In determining what amount of costs are fair and reasonable in this matter, I consider the following:
a) The successful litigant is entitled to its costs;
b) The matter involved a fair amount of preparation including the making of affidavits by the principals of both parties. However, the affidavits were not lengthy;
c) Both parties were required to do facta although the legal issues, revolving around the question whether the landlord respondent could unilaterally restrict access to its plaza where the applicant conducted business, were not particularly complex;
d) The matter was heard over two days but did not exceed an aggregate of two hours;
e) The total hours claimed by counsel for respondent, which is 192.4 hours is excessive. This number includes time estimates of 14.9 hours to prepare a simple affidavit, 30.3 hours to draft responding materials, including a factum, an additional 14.1 hours to draft another factum, 24.7 hours to review additional materials received and to review an expert’s report. In my view, the amount of costs claimed far exceeds the relatively uncomplicated nature of the issues in the matter and the amount of time which it consumed;
f) The applicant’s counsel suggests that costs in the amount of $16,167.48 plus disbursements of $472.92 are fair and reasonable. In my view, however, this amount does not adequately reflect the amount of work involved in this matter.
[3] Based on the above, I conclude that costs in the amount of $25,000 inclusive, is fair and reasonable in this matter.
CONCLUSION
[4] The applicant, Mississauga Hardware Centre Inc. is ordered to pay costs in the amount of $25,000 inclusive, to “Prombank” Investment, within ninety (90) days of today’s date.
André J.
Released: November 7, 2023
COURT FILE NO.: CV-22-1767-00 DATE: 2023 11 07
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
MISSISSAUGA HARDWARE CENTRE INC Applicant
– and –
“PROMBANK” INVESTMENT LIMITED Respondent
Counsel: N. SANGRAR, for the Applicant K. SCULLION, for the Respondent
HEARD: In Writing
COSTS ENDORSEMENT
Released: November 7, 2023