r v. Corporation of the Town of Fort Erie, 2010 ONSC 2404
Opinion
CITATION : Wangler v. Corporation of the Town of Fort Erie, 2010 ONSC 2404 COURT FILE NO.: 51481/09 DATE: 2010-04-23 SUPERIOR COURT OF JUSTICE - ONTARIO RE: PETER WANGLER v. CORPORATION OF THE TOWN OF FORT ERIE BEFORE: CAVARZAN J. COUNSEL: John A. Crossingham, for the Applicant Paul M. De Melo, for the Respondent SUPPLEMENTARY REASONS (COSTS) [ 1 ] In written reasons released on February 17, 2010, I found that there is no basis in law for granting any of the injunctive or declaratory relief sought by the applicant.
The application was dismissed. [ 2 ] The parties were invited to send brief written submissions to me on the matter of the costs of the proceeding within 30 days. The submissions on behalf of the successful respondent were received in early April.
It now appears that the applicant has chosen to forego making any submissions on this matter. [ 3 ] Detailed submissions by counsel for the respondent municipality specify a reasonable hourly rate and a reasonable number of hours of counsel time for all steps taken in responding to this application, including appearing in court when the matter was heard on January 18, 2010. The total claim for legal fees, disbursements and applicable G.S.T. is $19,835.25.
A further claim in the amount of $2,500.00 is made for costs related to the preparation of the costs submissions. [ 4 ] In my view, the costs awards sought by the successful respondent are reasonable in the circumstances. It is ordered, accordingly, that the applicant pay to the respondent the sum of $22,335.25 inclusive of disbursements and G.S.T. ___________________________ CAVARZAN J. DATE: April 23, 2010 CITATION : Wangler v. Corporation of the Town of Fort Erie, 2010 ONSC 2404 COURT FILE NO.: 51481/09
DATE: 2010-04-23 SUPERIOR COURT OF JUSTICE - ONTARIO RE: PETER WANGLER v. CORPORATION OF THE TOWN OF FORT ERIE BEFORE: The Honourable Justice J. Cavarzan COUNSEL: John A. Crossingham, for the Applicant Paul M. De Melo, for the Respondent SUPPLEMENTARY REASONS (COSTS) CAVARZAN J. JC:mg DATE: April 23, 2010
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