SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-11-437640
DATE: 20120928

RE: NADI INC. and NADI INTERNATIONAL LTD., Plaintiffs

AND:

DARIUSH MONTAZEMI-SAFARI A.K.A. DARYOOSH MONTAZAMI SAFARI, SEYED HOSSEIN MONTEZAMI SAFARI A.K.A. HUSSIEN SAFARI A.K.A. SEYED HOSSEIN MOONTAZEMI SAFARI , HASSAN TEHRANCHI A.K.A. HARRY TEHRANCHI, ABOUTALEB SHOKROLLAH TALEBI, SAEED YAHYAVI, CHERAGH SAHAR SOEILA and 2179548 ONTARIO INC., Defendants

BEFORE: B. P. O’Marra J.

COUNSEL: David Taub and Dominique Michaud , for the Plaintiffs

Igor Ellyn, QC, CS and Evelyn Perez Youssoufian , for the Defendants

HEARD: March 30 and June 12, 2012

costs ENDORSEMENT

[ 1 ] The Plaintiffs were completely successful on the motion and are entitled to their costs. Counsel for the Defendants used more than the total scheduled time to present oral submissions. The motion was ostensibly related to jurisdiction but the Defendants spent considerable time and materials aimed at the merits. In accord with the principles set out in Boucher v. Public Accountants Council (Ontario) the Plaintiffs are entitled to costs somewhat in excess of the partial indemnity scale. Costs are fixed at $32,000 all inclusive, payable within 30 days.

B. P. O’Marra J.

Date: September 28, 2012