In Basdeo v. University Health Network (2002) O.J. NO. 597, Mr. Justice Nordheimer of the Superior Court of Justice, discussed the approach to be taken in determining the appropriate amount of costs under the new cost grid. A party is entitled to its cost of preparing a motion, trial or appeal based on the time spent at the hourly rates which the court permits in accordance with the ranges set out in Item 1 of the cost grid. I reach that conclusion based on the fact that item 1 of the cost grid provides for “fees other than counsel fee” and in its body refers, among numerous other items, to preparation of hearing. It seems therefore that the time spent prior to the actual hearing is to be calculated in that manner. It would then appear that, in addition to the amount which the court fixes for the time spent prior to the actual hearing, a counsel fee is to be fixed in accordance with the range of counsel fees provided for in item 2 of the cost grid for the actual hearing of the motion. The counsel fee is presumably to be set within the range taken into account not only the amount of time spent on the actual hearing but also the importance and/or complexities of the matters argued with other factors set out in Rule 57.01(1).
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