Court File and Parties
DIVISIONAL COURT FILE NO.: 13/184
SMALL CLAIMS COURT FILE NO.: SC-11-126663
ONTARIO
SUPERIOR COURT OF JUSTICE
(Divisional Court)
BETWEEN:
FAZEL HAFEEZ
Plaintiff/Appellant
– and –
RADOMIR SUNARIC
Defendant/Respondent
Fazel Hafeez, self-represented Plaintiff/Appellant
Petros Yannakis, for the Defendant/Respondent
HEARD: In writing
REASONS FOR DECISION - COSTS
PERELL, J.
[1]
Background
The Plaintiff/Appellant Fazel Hafeez sued the Defendant/Respondent Radomir Sunaric to enforce an agreement to pay damages following a car accident involving Mr. Hafeez’s BMW and Mr. Sunaric’s Mercedes. On an assessment of damages hearing, the Judge of the Small Claims Court dismissed the action on the grounds that: (1) the agreement was unenforceable for want of consideration; and (2) the agreement was barred by s. 263 of the Insurance Act, R.S.O. 1990, c. I.8. I granted the appeal. See Hafeez v. Sunaric, 2015 ONSC 4065.
[2]
Positions of the Parties
The self-represented Mr. Hafeez now seeks: (1) costs of $1,210, all inclusive, for the Small Claims Court proceedings; (2) costs of $1,550, all inclusive, for the Divisional Court Appeal; and (3) costs of $3,000 for loss of use of vehicle and facing a life-threatening accident due to loss of control of the insurance company vehicle in lieu of his BMW.
3Mr. Sunaric submits that given the novelty of the issues involved, the court should exercise its discretion not to award costs. In the alternative, Mr. Sunaric submits that Mr. Hafeez is attempting to recover for claims that are not the subject of a costs award and that several of the items of the costs claimed are excessive or not recoverable by a self-represented litigant.
[4]
Analysis and Disposition
In my opinion, the novelty of the issues in the case at bar does not justify making no award for costs in what was a hard argued appeal of a property loss claim. Therefore, I shall award Mr. Hafeez costs, but not as claimed.
5There is merit to most of Mr. Sunaric’s challenges to the costs being claimed. It is now too late for substantive claims, and thus I shall not award Mr. Hafeez costs of $3,000 for loss of use of vehicle and facing a life-threatening accident due to loss of control of the insurance company vehicle in lieu of his BMW.
6Having reviewed Mr. Sunaric’s submissions and the various items of costs claimed by Mr. Hafeez, I award Mr. Hafeez: (1) $650, all inclusive, for the Small Claims Court proceedings; and (2) $650, all inclusive for the Divisional Court Appeal for a total award of $1,300 all inclusive.
7Order accordingly.
Perell, J.
Released: August 12, 2015
CITATION: Hafeez v. Sunaric, 2015 ONSC 5093
DIVISIONAL COURT FILE NO.: 13/184
SMALL CLAIMS COURT FILE NO.: SC-11-126663
DATE: 20150812
ONTARIO
SUPERIOR COURT OF JUSTICE
(DIVISIONAL COURT)
BETWEEN:
FAZEL HAFEEZ
Plaintiff/Appellant
– and –
RADOMIR SUNARIC
Defendant/Respondent
REASONS FOR DECISION - COSTS
PERELL J.
Released: August 12 , 2015