Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20220720 DOCKET: C69108

Gillese, Miller and Coroza JJ.A.

BETWEEN

Leaf Homes Limited Plaintiff (Respondent)

and

Farrukh Shahzad Khan and Nadia Parveen Khan Defendants (Appellants)

Counsel: Anser Farooq and Shivani Balcharan, for the appellants Matthew Kersten, for the respondent

Heard: April 14, 2022

On appeal from the order of Justice Jill C. Cameron of the Superior Court of Justice, dated January 15, 2021, with reasons at 2021 ONSC 360, and the costs endorsement, dated March 16, 2021, with reasons at 2021 ONSC 1993.

Costs Endorsement

[1] In reasons dated June 30, 2022, this court allowed the appeal in full. As a result, the appellants were wholly successful on the Motion below and entitled to their costs of it. We invited the parties to file written submissions on costs of the Motion, if they were unable to resolve that matter. The court has now received their written submissions.

[2] The appellants seek costs of the Motion of approximately $28,800. The respondent had been partially successful on the Motion and awarded costs of $34,663.03, including the Personal Costs Order against counsel of $1,575.

[3] As noted, as a result of the appeal, the appellants are wholly successful on the Motion below. Given the amount that the respondents were awarded on partial success on the Motion and our review of the appellants’ bill of costs for the Motion, we are of the view that the amount the appellants seek is reasonable and within the reasonable expectation of the respondent. We are also mindful of the reasonable attempts made by the appellants to resolve the costs issue without the need for recourse to this court.

[4] For these reasons, we order costs of the Motion to the appellants, fixed at $28,800, all inclusive.

“E.E. Gillese J.A.”

“B.W. Miller J.A.”

“S. Coroza J.A.”