Court File and Parties

CITATION: Arisoft Inc. v. Sarfraz, 2016 ONSC 102

DIVISIONAL COURT FILE NO.: 394/15

COURT FILE NO.: CV-13-489275

DATE: 20160119

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: ARISOFT INC., Plaintiff/ Defendant by Counterclaim (Respondent on Appeal)

AND:

SARFRAZ ALI and 7705786 CANADA INC., Defendants/Plaintiffs by Counterclaim (Appellants on Appeal)

BEFORE: Marrocco A.C.J.S.C., H. Sachs and Varpio JJ.

COUNSEL: Ben Millard, for the Respondent

Ali Sarfraz, on his own behalf and on behalf of the Appellant, 7705786 Canada Inc.

HEARD: In writing

ENDORSEMENT Re Costs

[1] The Respondent was successful on this appeal. It is requesting its costs on a substantial indemnity basis, fixed in the amount of $11,382.27, or, in the alternative, partial indemnity costs of $8,119.39. The Appellants submit that there should be no costs of the appeal since “this is first and the only case where the Court enforced ‘minutes of settlement’ under Ruse 49.09 alone.”

[2] We do not agree with the Respondent that this is a case where it is appropriate to make an award of substantial indemnity costs. We also do not agree with the Appellant that there should be no costs of the appeal. In our view, the issue raised by this appeal was neither novel, nor did it have the public interest component that would cause a court to decline to make an award of costs.

[3] For these reasons, we find that the Respondent is entitled to its partial indemnity costs of this appeal, which we fix in the amount of $5000.00, all inclusive.

MARROCCO A.C.J.S.C.

H. SACHS J.

VARPIO J.

Date: 20160119