Citation and Court Information
CITATION: Tse v. Sood, 2015 ONSC 2522
DIVISIONAL COURT FILE NO.: 284/13
DATE: 20150417
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
KARMEN TSE
Sender Herschorn for the Plaintiff/Respondent
Plaintiff/Respondent
- and -
JITENDRA KUMAR SOOD and ROYAL LEPAGE-YOUR COMMUNITY REALTY
Defendants/Appellants
Jitendra Kumar Sood, self-represented Defendant/Appellant
HEARD: In writing
PERELL J.
REASONS FOR DECISION - COSTS
[1] In a Small Claims Court action, about an abortive condominium unit sale, the Plaintiff Karmen Tse successfully sued the Defendant Jitendra Kumar Sood for the return of her deposit of $16,000 plus interest and legal costs in the amount of $3,895. The action followed the abortive purchase of a condominium unit priced at $339,900. The Defendant Jitendra Kumar Sood appealed, and I dismissed the appeal. See Tse v. Sood, 2015 ONSC 755 (Div. Ct.).
[2] Based on an Offer to Settle the Appeal, which offer was not to claim costs if the appeal was abandoned, Ms. Tse claims substantial indemnity costs of $18,310.80, all inclusive for the appeal. In the alternative, she claims partial indemnity costs of $12,135.07, all inclusive.
[3] In order to facilitate the payment out of moneys that were paid into court, Ms. Tse also requests an order authorizing the Accountant to release the funds held in court to her. That order should be granted, and I so order.
[4] Mr. Sood submits that there should be no order as to costs because Ms. Tse caused the litigation by taking the risky course of refusing to close the purchase over the trivial amount of $457.87. This argument has no merit. Both this Court and the Small Claims Court have ruled that Ms. Tse was entitled to refuse to close. She was the successful party in the litigation that followed and she is entitled to the costs of the trial and of the appeal.
[5] It is not necessary for me decide what scale of costs should apply for the appeal because the amounts being claimed by Ms. Tse are excessive and beyond the reasonable expectations of an unsuccessful party appealing a judgment of the Small Claims Court.
[6] In my opinion, having regard to the usual factors that guide the court’s discretion about costs, in the case at bar, the fair and reasonable award is $6,750 all inclusive.
[7] Order accordingly.
Perell, J.
Released: April 17, 2015
CITATION: Tse v. Sood, 2015 ONSC 2522
DIVISIONAL COURT FILE NO.: 284/13
DATE: 20150417
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
KARMEN TSE
Plaintiff/Respondent
‑ and ‑
JITENDRA KUMAR and ROYAL LEPAGE-YOUR COMMUNITY REALTY
Defendants/Appellants
REASONS FOR DECISION - COSTS
Perell, J.
Released: April 17, 2015