Ontario Civil


Civil Practice and Procedure

Costs

Scale and quantum of costs

Respondent not entitled to greater costs although work by her two law firms was of high quality

Applicant applied to have fence removed from what applicant claimed was her property. Applicant also claimed damages against respondent, for removing limb from oak tree. Application was dismissed. Respondent claimed costs in amount of $62,755.63, including increased costs after offer to settle. Applicant claimed that costs should be no more than $18,000. Costs submissions made by both parties. Costs awarded to respondent in amount of $40,000. Offer to settle was not proper factor in this particular case. Amount claimed by respondent was more than applicant could expect to pay. Respondent was not entitled to greater amount, although work by her two law firms was of high quality. 

Carpenter v. Doull-MacDonald (2018), 2018 CarswellOnt 1032, 2018 ONSC 731, Perell J. (Ont. S.C.J.); additional reasons (2017), 2017 CarswellOnt 20339, 2017 ONSC 7560, Perell J. (Ont. S.C.J.).

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