Lawson v. Toronto Hospital Corp. et al., (1991) 54 O.A.C. 75 (DC)

JudgeDavidson, J.
CourtOntario Court of Justice General Division (Canada)
Case DateDecember 10, 1991
JurisdictionOntario
Citations(1991), 54 O.A.C. 75 (DC)

Lawson v. Toronto Hospital Corp. (1991), 54 O.A.C. 75 (DC)

MLB headnote and full text

Victor G. Lawson (applicant) v. Toronto Hospital Corporation, Patrick J. Gullane, Alan R. Hudson and W. Vickery Stoughton (respondents)

(22/91)

Indexed As: Lawson v. Toronto Hospital Corp. et al.

Ontario Court of Justice

Divisional Court

Davidson, J.

December 10, 1991.

Summary:

A doctor applied for an interlocutory injunction to restrain a hospital and its ad­ministration from implementing an operating schedule which reduced his operating time.

The Ontario Divisional Court dismissed the application in a decision reported at 46 O.A.C. 376. The court received submissions on costs.

The Ontario Divisional Court awarded the hospital solicitor and client costs in a judg­ment reported 52 O.A.C. 186. Submissions were then made on quantum.

The Ontario Divisional Court awarded costs of $89,235.81 based on $325 per hour for senior counsel, $210 per hour for junior counsel, $65 per hour for a student-at-law and $85 per hour for a law clerk.

Practice - Topic 7429

Costs - Solicitor and client costs - Measure - Counsel fees - The Ontario Divisional Court dismissed a surgeon's application for an interlocutory injunction against a hospital and awarded the hospital solicitor and client costs of $89,235.81 based on $325 per hour for senior counsel, $210 per hour for junior counsel, $65 per hour for a student-at-law and $85 per hour for a law clerk.

Cases Noticed:

Apotex Inc. v. Egis Pharmaceuticals and Novopharm Ltd. (1990), 2 O.R.(3d) 126, consd. [para. 2].

Counsel:

Alan Lenczner, for the applicant;

R.A. Stradiotto, Q.C., for the respondents.

This case was heard at Toronto, Ontario, before Davidson, J., of the Ontario Divi­sional Court, who delivered the following judgment on December 10, 1991:

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1 practice notes
  • Rahn v. Board of Education of Prescott-Russell County, (1994) 76 O.A.C. 375 (DC)
    • Canada
    • Ontario Ontario Court of Justice General Division (Canada)
    • October 13, 1994
    ...be noted that Davidson, J., subsequently fixed the costs of the motion after counsel made submissions. That decision is reported at (1991), 54 O.A.C. 75. [18] The circumstances of this interim application are, in my view, such that the costs should be dealt with by me. The interim applicati......
1 cases
  • Rahn v. Board of Education of Prescott-Russell County, (1994) 76 O.A.C. 375 (DC)
    • Canada
    • Ontario Ontario Court of Justice General Division (Canada)
    • October 13, 1994
    ...be noted that Davidson, J., subsequently fixed the costs of the motion after counsel made submissions. That decision is reported at (1991), 54 O.A.C. 75. [18] The circumstances of this interim application are, in my view, such that the costs should be dealt with by me. The interim applicati......

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