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
1The 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.
2The 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.
3Costs 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