Superior Court of Justice - Ontario

COURT FILE NO.: 04-CV-029465
DATE: 2012-08-31

RE: ROMA CHAUDHARY, Plaintiff

AND:
ATIF KABIR, Defendant

BEFORE: Honourable Justice Timothy Ray

COUNSEL:
Tara L. Lemke, Counsel, for the Plaintiff
Andrew B. Lister, Counsel, for the Defendant

HEARD: in writing

COSTS ENDORSEMENT

[ 1 ] The defendant’s motion to remove the plaintiff’s solicitor as solicitor of record on the ground of a conflict of interest was dismissed June 19, 2012 by written endorsement. The defendant’s motion had no merit.

[ 2 ] The plaintiff seeks substantial indemnity costs in the amount of $6700. The defendant’s position is that plaintiff’s counsel spent far too much time on the matter. I note that neither party filed a Form 57B Costs Outline at the completion of argument, so it is very easy now to say what should or should not have occurred. Perhaps if the defendant had spent a bit more time on the motion, he would have recognized the lack of merit of his motion and not proceeded with it.

[ 3 ] Costs should follow the event. An unsuccessful party should ordinarily pay costs. The plaintiff is therefore entitled to his costs. As for the quantum, the plaintiff filed a book of authorities and presented argument in a commendable fashion. I am not, however, prepared to order substantial indemnity costs. The plaintiff is entitled to his costs fixed at $4500 inclusive of HST and disbursements.

Honourable Mr. Justice Timothy Ray

Date: August 31, 2012

COURT FILE NO.: 04-CV-029465

DATE: 2012-08-31

SUPERIOR COURT OF JUSTICE - ONTARIO RE: ROMA CHAUDHARY, Plaintiff and ATIF KABIR, Defendant BEFORE: Honourable Justice Timothy Ray COUNSEL: Tara L. Lemke, Counsel, for the Plaintiff Andrew B. Lister, Counsel, for the Defendant COSTS ENDORSEMENT Honourable Justice Timothy Ray

DATE: August 31, 2012