Court File and Parties
DIVISIONAL COURT FILE NO.: DC-361/14
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Florips Bajouco, Appellant
AND:
Cindy Green, Respondent
BEFORE: Stewart J.
COUNSEL: Sergiy Timokhov, for the Appellant
George Pakozdi, for the Respondent
HEARD at Toronto: In Writing
AMENDED AMENDED COSTS ENDORSEMENT
1At the hearing of this appeal from a decision of the Small Claims Court, the parties could not agree on the issue of costs. Accordingly, following release of my decision on the appeal written submissions were made by the parties on this subject. I have received and considered those submissions.
2The respondent was successful in obtaining a dismissal of the appeal. She seeks costs in the amount of $6,592.76 (all-inclusive) on a partial indemnity basis.
3The appellant submits that the amount sought is excessive and suggests that $2000.00 is a more appropriate amount to award in these circumstances.
4The respondent was obliged to respond to this appeal and engaged counsel for that purpose. Nevertheless, it must be acknowledged that the amount in dispute was modest (less than $9000.00). Accordingly, when the factors relevant to the exercise of discretion on costs are taken into account, along with the over-arching principle of proportionality, I consider an appropriate amount to award the respondent for costs is $3,000.00, all-inclusive.
5The appellant therefore shall pay to the respondent the sum of $3,000.00 for costs within 60 days of today’s date.
Stewart J.
Date: May 05, 2016