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
[ 1 ] In 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.
[ 2 ] I awarded costs to the plaintiff and invited the parties to make written submissions as to costs of no more than five pages in length.
[ 3 ] Notwithstanding 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.
[ 4 ] The plaintiff seeks costs of $6,358.23 inclusive of disbursements and HST. The fee component therein is $5,350.00.
[ 5 ] The defendants submit the costs of $2,800.00 should be awarded, inclusive of disbursements and HST.
[ 6 ] The 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.
[ 7 ] What I do not see in the defendants’ cost materials is a breakdown to determine how the figure of $2,800.00 was calculated.
[ 8 ] Costs 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
Justice Thomas A. Bielby
DATE: August 3, 2012
COURT FILE NO.: CV-11-2126-00
DATE: 20120802
SUPERIOR COURT OF JUSTICE - ONTARIO RE: MINING TECHNOLOGIES INTERNATIONAL INC. - AND - SHLAIMOUN ET AL BEFORE: Thomas A. Bielby COUNSEL: Norman Groot , for the Plaintiff David E. Wires, for the Defendants COST ENDORSEMENT Justice Thomas A. Bielby
DATE: August 3, 2012