Mining Technologies International Inc. v. Shlaimoun et al., 2012 ONSC 4505

SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-11-2126-00
DATE: 20120803

RE: MINING TECHNOLOGIES INTERNATIONAL INC.

• AND -

SHLAIMOUN ET AL

BEFORE: Justice Thomas A. Bielby

COUNSEL: Norman Groot, for the Plaintiff
David E. Wires, for the Defendants

COST ENDORSEMENT

1In my endorsement, released June 18, 2012, I dismissed a motion of four of the defendants seeking leave to appeal the order of Lemon J., dated April 12, 2012.

2I awarded costs to the plaintiff and invited the parties to make written submissions as to costs of no more than five pages in length.

3Notwithstanding the limitation in size, the defendants saw fit to file two volumes of materials. Although I have not penalized the defendants, I do think it necessary to comment that the defendants’ submissions on costs were excessive and unnecessary.

4The plaintiff seeks costs of $6,358.23 inclusive of disbursements and HST. The fee component therein is $5,350.00.

5The defendants submit the costs of $2,800.00 should be awarded, inclusive of disbursements and HST.

6The motion in this matter took approximately 1.5 hours to hear. Factums and briefs of authority were provided along with the motion and responding motion records.

7What I do not see in the defendants’ cost materials is a breakdown to determine how the figure of $2,800.00 was calculated.

8Costs are to be awarded on a partial indemnity basis. After reviewing the material and the docketed time of plaintiff’s counsel, I find a fee of $4,500.00 to be reasonable. I order the defendants Zia Shlaimoun, Oussha Shlaimoun, Infina Fund Limited and Infina Fund Ltd. To pay costs to the plaintiff in the amount of $5397.73, broken down as follows:

Fees

$ 4,500.00

HST

585.00

Disbursements inclusive of HST

312.73

Total

$ 5,397.73