NEWMARKET COURT FILE NO.: CV-09-00096435-00SR

DATE: 20120302

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: NAZIM LALJI, Plaintiff

AND:

NYLA HASAN, Defendant

AND RE: NYLA HASAN, Plaintiff by Counterclaim

AND:

KARIM LALJI and DAVID WON, Defendants by Counterclaim

BEFORE: MULLIGAN J.

COUNSEL:
G. Hemsworth, for N. Lalji
N. Epstein, for N. Hasan

HEARD: by written submissions

COSTS ENDORSEMENT

[ 1 ] By reasons for judgment dated December 23, 2011 the plaintiff’s claim was dismissed. The defendant Nyla Hasan was granted judgment against the defendant by counterclaim David Won, who had been noted in default. The parties were encouraged to resolve the issue of costs, failing which cost submissions were to be made in writing. I have now received those cost submissions.

[ 2 ] This matter proceeded under the Simplified Procedure Rules. A trial was held on June 1, 2011 and counsel made submissions by way of a half day oral argument on December 20, 2011.

[ 3 ] The defendant Nyla Hasan was successful and I am satisfied that she is entitled to costs. She is seeking costs on a partial indemnity basis of $13,153.03 including HST together with disbursements of $448.90 including HST.

[ 4 ] In response, counsel for the plaintiff acknowledges that the defendant is entitled to costs but submits that a reasonable amount for costs would be $10,000 all inclusive.

[ 5 ] I have reviewed the Bill of Costs submitted and the submissions from both counsel. I have considered the provisions in rule 57.01 of the Rules of Civil Procedure and the guiding authorities including Boucher v. Public Accountants Council for the Province of Ontario.

[ 6 ] This matter proceeded under the Simplified Procedure Rules. The quantum at issue was $35,000. Under the circumstances I am satisfied that an award of costs of $12,000 all inclusive is fair and reasonable.

[ 7 ] It is ordered that the plaintiff pay the defendant $12,000 all inclusive within 30 days of the release of this costs ruling.

Costs Against David Won

[ 8 ] The defendant also seeks costs against David Won on a substantial indemnity basis in connection with her default judgment obtained at trial. The defendant seeks $2,084.85 including HST plus disbursements of $379.32 including HST. I am satisfied that the defendant Nyla Hasan is entitled to a costs award against the defendant by counter-claim David Won. I am satisfied that a costs award of $2,100 all inclusive is fair and reasonable under the circumstances.

[ 9 ] With respect to the costs ordered against it the plaintiff further submits:

Those costs [$12,000] should be added to the costs of the defendant, in the counterclaim against David Won, and recovered from David Won who, it appears, was the architect of the scheme pursuant to which the plaintiff’s funds were lost.

[ 10 ] The plaintiff did not make any claim against the defendant by counterclaim. I have considered the submissions of the plaintiff with respect to this issue and decline to exercise my discretion to make such a further order.

MULLIGAN J.

Date: March 2, 2012