Bhatt v William Beasley Enterprises Limited, 2015 ONSC 4941 (CanLII)

Released August 10, 2015 CanLII

This is a brief decision addressing whether counsel must produce dockets when the issue of costs is being considered after a trial. This issue arose after the Plaintiffs were successful at trial and awarded $305,000.00 for damages, inclusive of interest. The damages award was more than double the amount of the Defendant’s formal Offer to Settle. This was a judge alone trial before Mr. Justice Faieta and his trial reasons were released on June 12, 2015. The trial decision has not been appealed.

Defence counsel had requested production of the dockets of Plaintiffs’ counsel in order to obtain the “best evidence of the time and expenses incurred”. The Plaintiffs objected to this request.

Mr. Justice Faieta held that the mere size of the amount claimed for costs “is not a sufficient reason to require the parties to undertake the expense of preparing such dockets, nor to spend the time likely required to redact any reference in those dockets to matters protected by solicitor-client privilege”. He added that while there may be cases where such detail is required, “I am not persuaded that the requirement of the production of computer dockets is appropriate in this case”. Accordingly, the Defendant’s request for computer copies of the dockets incurred on behalf of the Plaintiffs was dismissed. The ultimate issue as to the quantum of costs remains before the Court.

Read the full decision on CanLII

Michael Smitiuch
Written by

Mike obtained his law degree (LL.B.) from the University of Western Ontario. Mike also holds an Honours B.A. in Political Science from McMaster University.

His practice is dedicated exclusively to representing individuals and family members of those who have been seriously injured or killed.

Mike has lectured and written extensively for various legal conferences and publications, including the The Advocates’ Quarterly and the Ontario Trial Lawyers Association. Mike is a member of the Law Society of Upper Canada, the Ontario Trial Lawyers Association and the American Association for Justice.