Case Name:

Olar v. Laurentian University

Between

Alvin Olar, plaintiff, and

Laurentian University, defendant

[2004] O.J. No. 35

[2003] O.T.C. 637

Court File No. 00-GD-49743

Ontario Superior Court of Justice

Patterson J.

January 8, 2004.

(4 paras.)

Civil procedure -- Costs.

Determination of costs of a motion by the plaintiff, Olar, for certification and a rehearing of that motion ordered by the Court of Appeal. The Court of Appeal had ordered that the costs of the certification motion and the rehearing be in the cause. Olar was unsuccessful on the motion and rehearing. Laurentian submitted a Bill of Costs for both the motion and the rehearing.

HELD: Laurentian was awarded costs of $54,609, payable at the time of final determination of the action. Laurentian's Bill of Costs disclosed no duplication of costs in respect of the two hearings. The amount awarded reflected what was fair and reasonable between the parties, including a fair consideration of lawyers' hourly rates, the number of lawyers involved, and time spent.

Counsel:

Raymond G. Colautti and Owen D. Thomas, for the plaintiff.

Glenn Zakaib and Jacqueline Wall, for the defendant.

REASONS FOR COSTS

1 PATTERSON J.:-- It is not my intention to repeat the history of this file save and except to state that the plaintiff Mr. Olar was unsuccessful on his certification application and I ordered costs to the defendant Laurentian on a partial indemnity scale. The Court of Appeal in sending the matter back for rehearing stated that "the costs of the motions before Brockenshire J. be costs on the cause." Therefore Laurentian is entitled to claim legal fees and incidental disbursements regarding the certification motion and the rehearing heard before me on May 14 and 15, 2003. I am satisfied that the Bill of Costs submitted to me by the defendant has been prepared such that there has been no duplication of the costs in regard to the original hearing and the rehearing claimed by Laurentian.

2 I have examined the Bill of Costs in detail. As part of the process of fixing the costs in these proceedings, I have examined the hourly rates, the number of lawyers involved at various stages of the procedure and the time spent to assist me in a fair determination of the costs. Further in determining costs I have attempted to determine what is fair and reasonable between the parties.

3 I will allow the following:

4 This amount is not payable until such time as there has been a final determination of the continuing individual action, Olar v. Laurentian. If there is a clarification needed in this regard, I may be spoken to.

PATTERSON J.

cp/e/nc/qw/qlleh