Court File and Parties

CITATION: Axess Law Professional Corporation v. Sood, 2018 ONSC 2107

DIVISIONAL COURT FILE NO.: 460/16
DATE: 20180403

SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT

RE: AXESS LAW PROFESSIONAL CORPORATION, Respondent

AND: JITENDRA KUMAR SOOD, Appellant

COUNSEL:
Appellant, self-represented
Amanda Deveaux, for the Respondent

HEARD at Toronto: In writing.

COSTS ENDORSEMENT

MATHESON J.

[1] By decision released February 1, 2018, this appeal was dismissed. The parties have since made their costs submissions in writing.

[2] The respondent, which was the successful party, seeks substantial indemnity costs of approximately $6,400 all inclusive. The appellant asks that there be no order as to costs. Each side relies on conduct of the other in support of a departure from the usual result, specifically partial indemnity costs to the successful party. I am not persuaded that a departure from the usual result is justified on this appeal, in favour of either side.

[3] Bearing in mind all relevant factors in the exercise of my discretion, as set out in Rule 57.01 of the Rules of Civil Procedure, costs shall be paid by the appellant to the respondent in the total sum of $3,500, all inclusive.

MATHESON J.