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Personal Data Removal - Request Form





    

Shaw v. Shaw, 2008 2151 (ON SC)

2008-01-24

COURT FILE NO.:  06-CV-303679 PD1

DATE:  20080124

 

ONTARIO

 

SUPERIOR COURT OF JUSTICE

 

B E T W E E N:

)

 

 

)

 

NICHOLAS SHAW, also known as Nicholas Rodgers

 

Plaintiff

 

- and -

 

 

TERENA ANNA MARIE SHAW, also known as Terena Titus, DAVID BUCHANAN, MILLER THOMSON LLP, CABARETE HOLDING BV, ARNOLD van der HEIDE, CANCARIBE LIMITED, ORLAFORD LIMITED, SADU BLUE WATER LTD., LIGHT N’ STRIKE INC., LIGHT N’ STRIKE CORP., TURLOUGH MULLEN, BARRY BUTTERLY and GRANT THORNTON

 

Defendants

 

A N D  B E T W E E N:

 

TERENA ANNA MARIE SHAW, CABARETE HOLDING BV, and CANCARIBE LIMITED

 

Plaintiffs by Counterclaim

 

- and -

 

NICHOLAS SHAW also known as Nicholas Rodgers, JAMES CHEUNG and CHAMELEON, INC.

 

Defendants by Counterclaim

)

)

)

)

)

)

)

)

)

)

)

)

)

)

))))))))))))))))))))))

Bryan Finlay, Q.C., and Caroline E. Abela, for Terena Anna Marie Shaw, Cabarete Holding BV and Cancaribe Ltd.

 

 

 

 

 

Chris Dockrill, for Nicholas Shaw, also known as Nicholas Rodgers, James Cheung and Chameleon Inc.

 

Sara J. Erskine, for Arnold van der Heide.

 

Sandra Barton, for David Buchanan and Miller Thomson LLP.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

)

 

 

)

HEARD:  December 19, 2007

NEWBOULD  J.

 

E N D O R S E M E N T

 

 

[1]          On December 20, 2007 I granted an order on a motion by the Shaw defendants for a protective confidentiality order and ordered that the Shaw defendants were entitled to their costs of the motion to be paid by the plaintiff and defendants by counterclaim.  I have now received cost submissions.

[2]          The Shaw defendants seek costs of $13,693.94 consisting of fees of $11,651, a counsel fee for Mr. Finlay of $525 for appearing on the motion, disbursements of $787.38 and applicable GST.  The plaintiff and defendants by counterclaim submit that the costs should be $5,000.

[3]          Apart from the time spent by Mr. Finlay at the hearing of the motion, the amount of time claimed is 6.5 hours for Mr. Finlay, 37 hours for Ms Abela and 35 hours by a student-at-law.  There was affidavit material filed on both sides.  There was no cross-examination on the affidavits.  Mr. Dockrill points out that the Shaw defendants’ affidavit materials were extracted from prior affidavits filed on previous motions.  Taking that to be the case, however, does not necessarily mean that the task was simple.  It is pointed out by Mr. Finlay that the work required a simplification of complex facts and issues.  That certainly would appear to be the case as the facts involved in this hotly contested litigation are somewhat complex and in dispute and that information had to be streamlined for the purposes of the motion.

[4]          The number of hours for Ms Abela and for the student totaling approximately 73 hours, are said by Mr. Dockrill to be excessive.  In this regard he has, I think, a point although to what extent is extremely difficult in hindsight to determine.  The hourly rates claimed are not excessive in my view for partial indemnity costs.

[5]          The motion was important to the Shaw defendants.  Without the relief sought, they would have had to disclose confidential business information to competitors.  As I pointed out in my reasons, Mr. Dockrill’s clients requested and obtained a similar confidentiality order in the U.S. litigation.

[6]          I am governed by the principles set out in Rule 57.01(1).  Taking into account those principles, including the importance of the matter, the success obtained and what an unsuccessful party could reasonably expect to pay, I set the costs to be paid to the Shaw defendants by the plaintiff and defendants by counterclaim at $11,000, inclusive of disbursements and GST, to be paid within 30 days.

 

 

 

___________________________

NEWBOULD  J.

 

 

Released:       January 24, 2008


COURT FILE NO.:  06-CV-303679 PD1

DATE:  20080124

 

ONTARIO

 

SUPERIOR COURT OF JUSTICE

 

B E T W E E N:

 

NICHOLAS SHAW, also known as Nicholas Rodgers

 

Plaintiff

 

- and -

 

 

TERENA ANNA MARIE SHAW, also known as Terena Titus, DAVID BUCHANAN, MILLER THOMSON LLP, CABARETE HOLDING BV, ARNOLD van der HEIDE, CANCARIBE LIMITED, ORLAFORD LIMITED, SADU BLUE WATER LTD., LIGHT N’ STRIKE INC., LIGHT N’ STRIKE CORP., TURLOUGH MULLEN, BARRY BUTTERLY and GRANT THORNTON

 

Defendants

 

A N D  B E T W E E N:

 

TERENA ANNA MARIE SHAW, CABARETE HOLDING BV, and CANCARIBE LIMITED

 

Plaintiffs by Counterclaim

 

- and -

 

NICHOLAS SHAW also known as Nicholas Rodgers, JAMES CHEUNG and CHAMELEON, INC.

 

Defendants by Counterclaim

 

 

ENDORSEMENT

NEWBOULD J.

 

Released:          January 24, 2008

 


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