Court File and Parties
Superior Court of Justice – Ontario
Re: David Kennedy, Plaintiff
And: Kingston Area Taxi Licensing Commission, Defendant
Before: Justice Thomas Carey
Counsel: Christopher Edwards and Chelsea Packman, for the Plaintiff Rahul Soni, for the Defendant
Heard: In writing
Costs Endorsement
1The plaintiff was entirely successful in his wrongful dismissal claim. He seeks costs of $72,334.46 plus $5,966.57 in disbursements and HST.
2This was not a complex case, and I accepted the plaintiff's evidence completely. I further accept that the defendant unreasonably delayed the matter, including not cooperating in scheduling examinations for discovery, failing to follow the agreed upon timetable for discovery and not providing Answers to Undertakings until or nearly four months after the agreed upon date, increasing the plaintiff's costs preparing trial affidavits.
3The plaintiff seeks partial costs of $80,000 with close to $115,000 calculated as substantial costs, plus disbursements of $3,846.70.
4While accepting the facts of the defendant's delay and lack of cooperation, this was a short uncomplicated trial and, in the circumstances, counsel fees will be awarded at $50,000 plus HST and disbursements set of $3,846.70 plus HST.
Honourable Mr. Justice Thomas Carey
Date: February 13, 2026