CITATION: Ashrafi v. Carraro, 2019 ONSC 6791
DIVISIONAL COURT FILE NO.: DC-18-00000080-0000
DATE: 2019 11 25
DIVISIONAL COURT
SUPERIOR COURT OF JUSTICE – ONTARIO
BETWEEN
REZA ASHRAFI, EHSAN ASHRAFI, LYLA OWFI
Plaintiffs/Defendants by
Counterclaim
(Respondents)
v.
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
[1] This is my ruling on the costs of the appeal, the merits of which I addressed in my reasons for judgment of October 31, 2019.
[2] The Respondents seek costs of $ 20,415.21; the Appellant seeks costs of between $ 28,753.77 and $ 40,678.77.
[3] In 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).
[4] I 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.
[5] Success 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.
[6] In 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
CITATION: Ashrafi v. Carraro, 2019 ONSC 6791
DIVISIONAL COURT FILE NO.: DC-18-00000080-0000
DATE: 2019 11 25
SUPERIOR COURT OF JUSTICE – ONTARIO
REZA ASHRAFI, EHSAN ASHRAFI, LYLA OWFI v. VIRGINIA ALISA CARRARO
BEFORE: Bloom, J.
COUNSEL: Tristen Audet, Counsel for the Respondents
Virginia Alisa Carraro, self-represented
COSTS ENDORSEMENT
Bloom, J.
DATE: November 25, 2019