Court File and Parties

CITATION: Gill et al. v. Garcha et al., 2021 ONSC 8253

DIVISIONAL COURT FILE NO.: 244-21

DATE: 20211217

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: SARWAN SINGH GILL, INDERPAL SINGH ATHWAL, MANDEEP BHATTI, DAVINDER SINGH CHHOKAR and JAGJIT SINGH, Applicants

AND:

BALJIT SINGH GARCHA, MOHINDER SINGH GREWAL, HARJIT SINGH GREWAL, HARNAM SINGH GURON, JAGJEEVAN SINGH JHAJJ, SWARN SINGH KHATRA, SULINDER SINGH, HAPREET SINGH SANGHA, GURINDER SINGH MALHI, BALDEV SINGH SAHOTA, GAGANDEEP SEKHON, SRI GURU NANK SIKH CENTRE BRAMPTON, JOHN DOE 1, and JOHN DOE 2, Respondents

BEFORE: King, Favreau and Nishikawa JJ.

COUNSEL: Christopher MacLeod and N. Joan Kasozi, for the Respondents/Moving Parties, Mohinder Singh Grewal, Harjit Singh Grewal, Harnam Singh Guron, Jagjeevan Singh Jhajj, Swarn Singh Khatra, Sulinder Singh, Harpreet Singh Sangha, Gurinder Singh Malhi, Baldev Singh Sahota, Gagandeep Sekhon

Amandeep Sidhu, for the Applicants/Responding Parties

No one appearing for the Respondents, Baljit Singh Garcha and Sri Guru Nank Sikh Centre Brampton

HEARD: in writing

ENDORSEMENT -- AMENDED

[1] In an endorsement dated October 29, 2021, the Divisional Court dismissed the moving parties’ motion for leave to appeal. No costs were awarded on the basis that the responding parties did not file a costs outline.

[2] Following the release of the endorsement, counsel for the responding parties asked for an opportunity to make submissions on costs on the basis that the parties had entered into a consent order that included a term that costs of the motion for leave to appeal and previously constituted appeal would be decided together after the motion for leave to appeal was decided. The moving parties did not object to this request and the Court received the parties’ costs submissions.

[3] The responding parties are entitled to costs in the amount of $7,500, all inclusive, for the appeal and motion for leave to appeal. This amount is payable within 30 days. In the usual course, this Court awards $5,000 to the successful party on a motion for leave to appeal. Given the additional proceedings leading up to the motion for leave to appeal in this case, $7,500 is a fair and reasonable amount.

King J.

Favreau J.

Nishikawa J.

Released: December 17, 2021

Amended: January 11, 2022