Court File and Parties
CITATION: Jundi v. Ouaida, 2021 ONSC 1438
SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT
RE: Jundi v. Ouaida
COUNSEL: Mr Arndt, for Mr Jundi et al. Mr Baxi, for Mr Ouaida Jonathan Sydor, for the Sheriff
BEFORE: D.L. Corbett J.
IN CHAMBERS, IN WRITING
Endorsement
1In prior endorsements (2020 ONSC 7135 and 2020 ONSC 7218), I approved a Sheriff’s sale of property and gave related directions and considered additional relief requested by Mr Jundi. This endorsement addresses a correction to the order issued and entered in respect to these matters and the question of costs.
Correction to Order
2The order, as issued and entered, inverted two digits through inadvertence. I have today granted a revised order correcting this typographical error.
Costs
3I agree with Mr Jundi that Mr Ouaida has acted unreasonably in his defence of the enforcement proceedings and should be required to pay elevated costs. I fix the amount between substantial and partial indemnity costs to reflect the fact that some of the enforcement difficulties were a result of COVID-19, and not Mr Ouaida’s conduct.
4Costs fixed at $37,500.00, inclusive. These costs are to be paid from the proceeds of the sale of the Lakeshore Property before the net proceeds of sale are applied to the current outstanding judgment debts.
5This order is effective from the time an unsigned copy of this endorsement is transmitted to the parties. A signed version shall be provided to the parties in due course. Counsel may forward a draft order reflecting this endorsement for issuance and entry by the court. Approval as to form and content is dispensed with, but counsel for each party is to be sent a copy of the draft order and counsel may provide any comments they have on the draft order to this court.
D.L. Corbett J.
Date: February 25, 2021