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
1The Defendants made submissions on the 20th day following my decision. The Plaintiff has responded.
2The Defendants were wholly successful on the Motion. They beat their offer to settle, Rule 49.
3This was a straightforward, non-complex motion.
4Despite the Plaintiff’s costs outline, the hours expended by the Defendants, 14.3 hours, is excessive.
5A 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.
6Costs 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