Court File and Parties

COURT FILE NO.: CV-23-00000363-0000 DATE: 2024Jun24 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: NATHANIEL STROUD, Plaintiff AND: LAWYER ADRIAN HALBERT, Defendant

BEFORE: Justice Gary Tranmer

COUNSEL: Plaintiff self-represented Matthew E. Taft, for the Defendant

HEARD: in writing

Costs Endorsement

[1] The defendant was wholly successful in its motion.

[2] The principles governing costs include the following.

[3] The defendant had made a reasonable offer to settle that was not accepted. I have considered Rule 49.10 of the Rules of Civil Procedure.

[4] An award of costs is intended to indemnify a successful party in a proceeding for the legal costs he or she incurred. It is a matter of the court’s discretion. When fixing costs, the court shall consider the various factors set out in Rule 57.01(1) of the Rules of Civil Procedure.

[5] The overriding principle is fairness and reasonableness and what were the reasonable expectations of the parties as to the costs of the proceeding. The court must balance the indemnity principle with the fundamental objective of access to justice.

[6] I have considered all of the applicable principles and the Rule 57 factors in exercising my discretion as to costs in this case.

[7] The defendant’s submissions on costs are fair, reasonable and balanced. So are the plaintiff’s.

[8] In my view, and not intending to be critical, I find that the hours spent by the defence counsel are excessive in the circumstances. The matter was not complex.

[9] I commend and thank Mr. Stroud and counsel for the manner in which they conducted this matter, civilly and respectfully.

[10] I find that a fair and reasonable award of costs within the contemplation of the parties and particularly balancing the principles of indemnity and access to justice is fees fixed at $3500.00 plus H.S.T., together with the disbursements as claimed at $879.91 payable by the plaintiff to the defendant. From this sum, the retainer paid of $750.00 by Mr. Stroud which was not returned is to be deducted.

Tranmer J. Date: June 24, 2025