Court File and Parties

Court File No.: CV-21-00000144-0000 (Kingston) Date: 2024 Feb 22 Superior Court of Justice - Ontario

Re: DOLORES VAN DE VEN, Plaintiff And: DR. RUSSELL BOYCE and DR. RUSSELL E. BOYCE DENTISTRY PROFESSIONAL CORPORATION, Defendants

Before: Justice Gary Tranmer

Counsel: Jessica Greenwood, for the Plaintiff Paul J. Martin, for the Defendants

Heard: in writing

Costs Endorsement

[1] The Defendants made submissions on the 20th day following my decision. The Plaintiff has responded.

[2] The Defendants were wholly successful on the Motion. They beat their offer to settle, Rule 49.

[3] This was a straightforward, non-complex motion.

[4] Despite the Plaintiff’s costs outline, the hours expended by the Defendants, 14.3 hours, is excessive.

[5] A fit, fair, reasonable and proportionate costs award within the contemplation of the parties is $3750.00, all inclusive. It respects the principle of indemnity and access to justice.

[6] Costs of the motion are fixed in the sum of $3750 inclusive of H.S.T. payable by the Plaintiff to the Defendants.

Tranmer J. Date: February 22, 2024