CITATION: Anand v. Sunfresh Organics, 2011 ONSC 1263
DIVISIONAL COURT FILE NO.: DC-10-056-00
DATE: 20110224
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
[on appeal from an order of the Small Claims Court
Deputy Justice S. Boguski, dated May 11, 2010; File No. SC-08-70235-00]
Justice Thomas A. Bielby
BETWEEN:
Yudesh (Andrew) Anand
Respondent/Plaintiff
– and –
Sunfresh Organics; Lee Le Chat
Appellant/Defendants
R. Kesarwani, for the respondents
R. H. Regan, for the appellant
HEARD: May 11, 2010
COSTS ENDORSEMENT
[1] The appellant was unsuccessful in its appeal of the decision of Deputy Small Claims Court Judge S. Boguski, dated May 11, 2010. In the said judgment the plaintiff (the respondent herein), was awarded $7,500.00, together with costs and interest.
[2] In my decision regarding the appeal I determined the respondent was entitled to his costs on a partial indemnity scale and I invited written submissions in that regard.
[3] Counsel for the respondent submits that his office spent 23.5 hours on the appeal resulting in legal fees of $5,580.00. Disbursements of $212.00 were also incurred.
[4] On a partial indemnity scale, using an hourly rate of $225.00, the respondent seeks costs of $5,740.41, all inclusive. I am unable to determine how the respondent arrived at this total.
[5] In any event, having reviewed the submissions of both sides and keeping in mind the principles of costs, including proportionality, I will award the respondent fees of $3,800.00 together with HST of $494.00, and disbursements of $212.00 together with HST of $27.63, for a total of $4,534.13, payable by the appellant.
Justice Thomas A. Bielby
Released: February 24, 2011
CITATION: Anand v. Sunfresh Organics, 2011 ONSC 1263
DIVISIONAL COURT FILE NO.: DC-10-056-00
DATE: 20110224
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
[on appeal from an order of the Small Claims Court
Deputy Justice S. Boguski, dated May 11, 2010; File No. SC-08-70235-00]
Justice Thomas A. Bielby
BETWEEN:
Yudesh (Andrew) Anand
Respondent/Plaintiff
– and –
Sunfresh Organics; Lee Le Chat
Appellant/Defendants
COSTS ENDORSEMENT
Released: February 24, 2011