Anne Klein v. Ozra Sedaghat-Chafjiri et al., 2012 ONSC 3179

Court File and Parties

COURT FILE NO.: CV-10-400751

DATE: 20120530

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ANNE KLEIN Plaintiff

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OZRA SEDAGHAT-CHAFJIRI, DAVOOD ROUDEHCHI GHIAS, SAEID ROUDEHCHI GHIAS, SEPIDEH MOAZZANI and MARILYN REITER-NEMETZ, Defendants

BEFORE: WHITAKER J.

COUNSEL: Jeffrey Radnoff, for the Plaintiff Symon Zucker, for the Defendants, Ozra Sedaghat-Chafjiri, Davood Roudehchi Ghias, Saeid Roudehchi Ghias and Sepideh Moazzani

ENDORSEMENT

1The parties have provided me with their costs submissions following the dismissal of the plaintiff’s claim

2I note the factors described in Rule 57 which should inform the exercise of my discretion to award costs and the discussion of these factors in Boucher and Public Accountants Council (Ontario) (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (C.A.).

3Here the defendants were entirely successful. The issues were important to the parties if not complex.

4Having particular regard to the reasonable expectations of the unsuccessful party and the proportionality of the value of the parking space in dispute, the defendants are entitled to their costs inclusive of interest and taxes, fixed at $28,000.00, payable forthwith.