Court File and Parties

CITATION: Jundi v. Ouaida, 2021 ONSC 1438

COURT FILE NO.: CV-08-357827

DATE: 20210225

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.

DATE: February 25, 2021

IN CHAMBERS, IN WRITING

Endorsement

D.L. Corbett J.:

[1] In 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

[2] The order, as issued and entered, inverted two digits through inadvertence. I have today granted a revised order correcting this typographical error.

Costs

[3] I 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.

[4] Costs 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.

[5] This 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