Ashrafi v. Carraro, 2019 ONSC 6791

CITATION: Ashrafi v. Carraro, 2019 ONSC 6791

DIVISIONAL COURT FILE NO.: DC-18-00000080-0000

DATE: 2019 11 25

SUPERIOR COURT OF JUSTICE – ONTARIO

BETWEEN

REZA ASHRAFI, EHSAN ASHRAFI, LYLA OWFI

Plaintiffs/Defendants by

Counterclaim

(Respondents)

VIRGINIA ALISA CARRARO

Defendant/Plaintiff by

Counterclaim

(Appellant)

BEFORE: Bloom, J.

COUNSEL: Tristen Audet, Counsel for the Respondents

Virginia Alisa Carraro, self-represented

COSTS ENDORSEMENT

1This is my ruling on the costs of the appeal, the merits of which I addressed in my reasons for judgment of October 31, 2019.

2The Respondents seek costs of $ 20,415.21; the Appellant seeks costs of between $ 28,753.77 and $ 40,678.77.

3In my analysis of the costs issue I have had regard to the factors set out in Rule 57.01 and to the principle of proportionality set out in Rule 1.04(1.1).

4I have given particular weight to the result of the appeal, the reasonably complex nature of the legal issues, and the unsubstantiated allegations of fraudulent misrepresentation made by the Appellant.

5Success was divided on the appeal, since the damages award in favour of the Respondents was reduced from $ 25,000.00 to a monetary sum of $15,000.00, and the costs award in their favour was reduced by $ 1250.00. However, the Respondents were still substantially successful.

6In all of the circumstances I, therefore, award the Respondents $ 13,821.19 in costs inclusive of fees, disbursements, and applicable taxes payable within 30 days by the Appellant.

Bloom, J.

DATE: November 25, 2019