SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: FS-10-70618-00
DATE: 2012-08-31

RE: GAZIZOVA v. HAMOUCHE

BEFORE: JUSTICE VAN MELLE

COUNSEL:
J. SYRTASH, for the Applicant
J. SINGER, for the Respondent

C O S T S E N D O R S E M E N T

[ 1 ] I reviewed the costs submissions of both parties. Ms. Gazizova was successful on her motions and on the Respondent’s motion. She is thus presumptively entitled to her costs. She claims $12,122.80 for costs on her motion for interim disbursements and $3,700.00 for the Respondent’s travel motion. It appears that both these amounts represent full indemnity costs as Offers to Settle were served on Thursday, July 12, 2012 for motions that were heard Monday, July 16, 2012. Interestingly, the Affidavit of Service says that the Respondent was served with the Offers to Settle on July 11.

[ 2 ] The Respondent argues that the fees charged are excessive -- $585.00 per hour for Mr. Syrtash compared with Mr. Balasunderam’s hourly rate of $85.10. I do not accept this argument. I suspect that the Respondent is paying his own lawyer far more than $85.10 per hour so should not be surprised at the fees claimed. In any event, there is no case law requiring that the costs be limited to the legal aid tariff, if in fact Mr. Balasunderam is retained pursuant to a Certificate.

[ 3 ] I accept that $3,770.00 is an appropriate amount for the travel motion.

[ 4 ] I accept as well the Respondent’s submission that the Applicant’s motion record was exceedingly difficult to deal with – there were no page numbers; it was improperly tabbed and very difficult to follow, in my opinion, resulting in more time required to argue the motion than necessary.

[ 5 ] Regarding the motion for interim disbursements, I did not accept the Respondent’s position that he could not fund an interim disbursement of $40,000.00; I do not now accept his argument that he cannot pay costs. I fix costs for the motion for an interim disbursement at $5,000.00 inclusive of disbursements and HST for a total costs award in favour of the Applicant of $8,770.84.

Van Melle J.

DATE: August 31, 2012

COURT FILE NO.: FS-10-70618-00
DATE: 2012-08-31

SUPERIOR COURT OF JUSTICE - ONTARIO RE: GAZIZOVA v. HAMOUCHE BEFORE: Van Melle J. COUNSEL: J. SYRTASH, for the Applicant J. SINGER, for the Respondent COSTS ENDORSEMENT Van Melle, J.

DATE: August 31, 2012