Canadian Lawyer

July 2009

The most widely read magazine for Canadian lawyers

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regional wrap-up time spent by his own lawyers on the case, while opposing submissions from the defence. "It is difficult to be able to be sanguine regarding the correct num- ber of hours to be included in any award of costs, particularly when the plaintiff has not produced any information about the hours spent by his solicitors," the judge wrote. Newbould also said, "[I]t must be recognized that the attack in this case was on a group of professionals with whom the plaintiff had worked for some years and by whom the plaintiff had been handsomely rewarded. "Mr. Springer had to realize that the defendant would take steps to strongly oppose the claim and that it would take considerable work to do so." Springer proposed substantial indemnity rates of $360 per hour for Rothstein, who was called to the bar BUSINESS VALUATION DAMAGES QUANTIFICATION Established in 1979, our practice is devoted exclusively to business valuation and the quantification of economic damages. Our professionals have presented expert evidence in numerous cases across Canada, and have been appointed by courts, arbitration panels and government agencies as their experts. Class actions Loss of profits IP infringement Fairness opinions Shareholder disputes Matrimonial Tax litigation Competition law Insolvency opinions Forensic accounting We have also been playing an active role in the Canadian and U.S. societies that set the standards for our profession. The hundreds of technical articles and conference papers we contribute, and the publications we have authored/co-authored, form an integral part of the expert's library in both countries. Please visit us at www.wiseblackman.com. For more information, please contact: Richard M. Wise, FCA, CA•IFA, FCBV, FASA, C.Arb. Gerald S. Blackman, CA, CBA, CFE Catherine Tremblay, DPA, CA, CBV,A AS Jean-Philippe Langevin, CA, CFA WISE, BLACKMAN LLP The Royal Bank of Canada Building 1 Place Ville Marie, 34th Floor Montreal, Quebec H3B 3N6 Tel (514) 875-8100 Toll-Free (866) 998-8100 10 JULY 2009 www. C ANADIAN Law ye rmag.com iseBlackman_CL_July_09.indd 1 6/17/09 4:32:09 PM in 1982, and $237 for Centa, who was called in 2001. The judge disagreed. "In my view these rates would be wholly inadequate substantial indemnity rates for litigation in downtown Toronto conducted between major law firms," wrote Newbould. "It would be far less than what Mr. Springer could be said to reasonably expect to pay if costs were awarded against him on a sub- stantial indemnity basis. Although the rates charged by his solicitors were not disclosed, those rates were no doubt far higher than the rates Mr. Springer suggests would be reasonable of Ms. Rothstein and Mr. Centa." Aird & Berlis claimed hourly rates for Rothstein from $315 to $350 on partial indemnity, and $525 on sub- stantial indemnity. The firm sought $180 to $225 for Centa on partial indemnity and $338 on substantial indemnity. For Killey, the rates sought were $60 as a student, $175 to $200 on partial indemnity, and $300 on sub- stantial indemnity. "In reviewing the hourly rates claimed by the defendant, generally the rates appear reasonable," wrote Newbould, although he added that the partial indemnity rates claimed for Centa "may be a little on the high side," and the non-student rates for Killey "are somewhat high." The firm sought costs on a substan- tial indemnity basis throughout the trial based on a number of factors, such as allegations in the statement of claim that partners in the firm breached fiduciary duties, and that Springer sought costs on a substantial indemnity scale, which MOVES AND SHAKES IS ONLINE If you or anyone in your firm has made a move, won recent accolades, or done anything else noteworthy that should be shared with your colleagues across the country, let us know. E-mail your moves and shakes to moves@ clbmedia.ca. We'll be updating the web site daily, so keep your eyes on www.canadianlawyermag.com to see what your friends and colleagues are up to.

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