Court File and Parties

CITATION: Bajouco v. Green, 2016 ONSC 2587

DIVISIONAL COURT FILE NO.: DC-361/14

DATE: 20160505

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

[1] At 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.

[2] The 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.

[3] The appellant submits that the amount sought is excessive and suggests that $2000.00 is a more appropriate amount to award in these circumstances.

[4] The 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.

[5] The 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