Court File and Parties
Court File No.: C-465-10
Date: 2012-09-11
Superior Court of Justice - Ontario
Re: Zeynab Abdella, Personally and as Litigation Guardian Guardian for Robale Eshete a minor and Machail Eshete, Plaintiffs (Responding Parties)
And: Corrandina Figura Aka Cora Figura, Matteo Figura, 1797290 ONTARIO Limited operating business as Evangadi Reataurant & Lounge and Akwaba Restaurant And Lounge also known as Akwaba or Akwaba Specialities Africaines, Defendants (Moving Party)
Before: The Honourable Mr. Justice J. W. Sloan
Counsel:
Wayne McCormick - Counsel for the Defendants - Corrandina Figura aka Cora Figura and The Estate of Matteo Figura incorrectly named Matteo Figura - (Moving Parties)
Lisa L. Holland - Counsel for the Plaintiffs (Responding Parties)
Endorsement
[ 1 ] The Plaintiffs brought their action against, Corrandina Figura aka Cora Figura and The Estate of Matteo Figura incorrectly named Matteo Figura, on the sole basis that as landlords they owed some statutory or other duty to them.
[ 2 ] In response to the moving parties motion to dismiss their claim the Plaintiff Abdella swore in an affidavit that there is a statutory requirement for the holder of a liquor licence to have third party liability insurance in addition to which the plaintiffs filed a factum and casebook.
[ 3 ] All of this was done in the face of the facts of this case, no legislation that the court was referred to regarding a statutory requirement for the holder of a liquor licence to have third party liability insurance and an offer from the moving parties to settle the motion by dismissing their action without costs.
[ 4 ] In short the plaintiffs pushed on when the facts were stacked against them and the likely hood of having a court dismiss their action was very high.
[ 5 ] Notwithstanding the courts sympathy for Abdella’s injuries I see no reason why the moving parties should not be awarded some costs which I fix at $10,000 plus disbursements of $2,332.34 inclusive of HST.
Sloan J.
Date: September 11, 2012