Jodi L. Feldman Professional Corporation v. Foulidis
JODI L. FELDMAN PROFESSIONAL CORPORATION
Law Firm / Organization
Spetter Zeitz Klaiman PC
LYNNE CATHERINE FOULIDIS
Law Firm / Organization
M.B. Miller Law
Lawyer(s)

Michael B. Miller

·  Background:
The plaintiff, a legal services provider, sought payment from the defendant for services rendered. The trial, conducted in January 2024, resulted in a ruling favoring the plaintiff, with the court assessing the value of the services at $480,919.93, inclusive of fees, HST, and disbursements.

·  Cost Submissions:

  • The plaintiff sought $276,631.63, based on partial indemnity costs before a February 9, 2023, Offer to Settle and substantial indemnity costs thereafter.
  • The defendant objected, arguing that the amount claimed was excessive, lacked sufficient detail, and was not proportional to the nature of the trial.

·  Court's Decision on Costs:

  • The court agreed with some objections raised by the defendant, particularly about the reasonableness and lack of detail in the plaintiff's cost claims.
  • Adjustments were made to the costs, including reductions in fees claimed for drafting pleadings and certain motion costs.
  • The final cost award was set at $240,118.50, which included $200,000 for legal fees (a combination of partial and substantial indemnity), $26,000 for HST, and $14,118.50 for disbursements.

·  Key Considerations:

  • The court emphasized the principles of reasonableness, fairness, and proportionality in awarding costs.
  • The decision also took into account previous interlocutory orders and submissions regarding proportionality from similar cases.

 

Superior Court of Justice - Ontario
CV-18-592247
Civil litigation
$ 721,038
Plaintiff