Toronto Transit Commission Awarded Costs Despite Lack of Time Dockets

A trial judge has awarded the Toronto Transit Commission (“TTC”) costs after the completion of a four day trial, despite the fact that the TTC used one of its in-house lawyers to argue the case and despite the fact that the TTC lawyers do not maintain time dockets.

The TTC’s Bill of Costs included estimates of time expended for tasks performed during the course of the litigation. The estimates were based on a “detailed review of the complete file including all correspondence, records, internal notes, memos, emails, etc.” The TTC then applied an hourly charge of $240 to its estimate of 143.3 hours and sought costs in the sum of $34,392 plus disbursements.

The trial judge held that “overall, the court is required to consider what is ‘fair and reasonable’, with a view to balancing compensation to the successful party with the goal of fostering access to justice.”

The trial judge rejected the plaintiff’s submission that the TTC ought not to be entitled to an award of costs simply by virtue of the fact that it does not maintain time dockets, although no legal precedent was cited by the trial judge for this finding.

In the result, the trial judge ordered the self-represented plaintiff to pay the TTC fees and disbursements totaling $34,383.40.