Court File and Parties
DIVISIONAL COURT FILE NO.: Div. Ct. 366/17
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
Eleno Sabatin Plaintiff
– and –
Kamran Ganji Defendant
Eleno Sabatin, self-represented
Stefan Juzkiw for the Defendant
HEARD: In writing
REASONS FOR DECISION - COSTS
PERELL, J.
1The Plaintiff, Eleano Sabatin, appealed an Endorsement Order dated June 8, 2017 made in the Small Claims Court. Mr. Sabatin submitted that the Order should be set aside because the Deputy Judge: (a) lacked jurisdiction; (b) unreasonably denied an adjournment request; and (c) misdirected herself both in law and on the facts. I dismissed the appeal.1
2The Defendant, successful respondent on the appeal, Kamran Ganji, seeks partial indemnity costs of $5,315, all inclusive of disbursements of $275 and taxes.
3Mr. Sabatin objects to the late delivery of Mr. Ganji’s Bill of Costs, but there was no prejudice - the delay was only a few days, and I would have granted an extension if asked, so I will deal with Mr. Ganji’s request for costs.
4Mr. Sabatin submits that this is an appropriate case to deny the successful party his costs, and then award costs to the unsuccessful party, notwithstanding that he was the unsuccessful party. Mr. Sabatin requests costs of $3,750 all inclusive.
5Having considered Mr. Sabatin’s objections, much of them just bitter irrelevant griping, I see no reason to depart from the normal rules and principles in awarding costs to the successful party.
6Having reviewed Mr. Ganji’s Bill of Costs and costs submissions of both parties, in my opinion, the request is somewhat high in all the circumstances.
7I, therefore, award, Mr. Ganji, $3,750, all inclusive.
Perell, J.
Released: October 25, 2018
CITATION: Sabatin v. Ganji, 2018 ONSC 6356
DIVISIONAL COURT FILE NO.: Div. Ct. 366/17
DATE: 2018/10/25
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Eleno Sabatin Plaintiff
– and –
Kamran Ganji Defendant
REASONS FOR DECISION - COSTS
PERELL J.
Released: October 25, 2018
Footnotes
- Sabatin v. Ganji, 2018 ONSC 5680.