Anand v. Sunfresh Organics, 2011 ONSC 1263

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

1The 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.

2In 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.

3Counsel 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.

4On 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.

5In 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]