CITATION: Gandhi v. Mayfield Arcadeium Holdings Ltd., 2024 ONSC 3095
DIVISIONAL COURT FILE NO.: 72/23
DATE: 20240530
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Sachs, Myers, and Shore JJ.
BETWEEN:
HARSIMRAT GANDHI
Appellant
– and –
MAYFIELD ARCADEIUM HOLDINGS LTD.
Respondent
Neal Altman, for the Appellant
Mark H. Arnold, for the Respondent
READ at Toronto: May 30, 2024 (in writing)
ENDORSEMENT ON COSTS
FL Myers J.,
Costs of the Appeal
[1] The parties agreed that costs of the appeal will be fixed at $20,000. On considering the submissions of the parties, in my view, the costs of the appeal should follow the event. As Mr. Gandhi was wholly successful, the respondent shall pay costs to Mr. Gandhi fixed at $20,000 all-inclusive.
Costs Below
[2] As the court reversed the order of Bloom J., the judge’s costs order cannot stand. On reviewing the submissions of the parties, in my view it is fair and reasonable for costs to follow the event below as well.
[3] However, Mr. Gandhi received an indulgence as a result of the late filing of his claim. He brought on the issue by his own apparent failure to comply with the statutory time limit and then he failed to raise below the key point that was accepted afresh on the appeal. He did succeed completely however, on the issue of whether he is an owner of the project.
[4] In the circumstances, it is fair and reasonable to reduce Mr. Gandhi’s cost recovery to reflect only the ownership issue and to account for time wasted by Mr. Gandhi’s own acts. The respondent shall therefore pay Mr. Gandhi costs fixed in the amount of $15,000 all-inclusive in respect of the motion before Bloom J.
FL Myers J
I agree _______________________________
Sachs J
I agree _______________________________
Shore J
Released: May 30, 2024
CITATION: Gandhi v. Mayfield Arcadeium Holdings Ltd., 2024 ONSC 3095
DIVISIONAL COURT FILE NO.: 72/23
DATE: 20240530
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Sachs, Myers, and Shore JJ.
BETWEEN:
HARSIMRAT GANDHI
Appellant
– and –
MAYFIELD ARCADEIUM HOLDINGS LTD.
Respondent
REASONS FOR DECISION
FL Myers J.
Released: May 30, 2024