I agree with the statement by Nordheimer J., as he then was, in Basedo v. University Health Network, [2002] O.J. No. 597 (S.C.J.), that: “I do not consider it the role of the court to second-guess the time spent by counsel unless it is manifestly unreasonable in the sense that the total time spent is clearly excessive or the matter has been ‘over lawyered’.” I find that the total time spent in responding to this motion is clearly excessive. There are over 108 hours of lawyer’s time on administrative work, resulting in over-staffing. There are over 400 hours of overlapping lawyer’s time in preparation for the summary judgment motion. Even though this amount of time might have been considered necessary and thereby incurred, there can be no reasonable expectation that it is recoverable in a cost award. Similarly, there could be no reasonable expectation on the part of Liberty that such an amount of costs would be in issue on a summary judgment motion of this nature.
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