SUPERIOR COURT OF JUSTICE - ONTARIO

Court Files No: FS-11-374690
Date: 20130227

RE: Ahmed M. Nadar
Applicant

• and -

Aida Gamal Nadar, Lina Nadar and Danya Nadar in her personal capacity and as Trustee of the Teranet Irrevocable Land Trust
Respondents

Before: The Honourable Mr. Justice Kevin Whitaker

Counsel:
Sarah Boulby for the Respondent, Aida Nadar

Daniel S. Melamed for the Respondents, Lina Nadar and Danya Nadar

E N D O R S E M E N T

Re COSTS

[1] This is a costs endorsement following an unsuccessful motion.

[2] The respondents and daughters Lina and Danya Nadar sought to dismiss a portion of the claim brought by their mother, the respondent Aida Nadar. The daughters took the position that this court lacks jurisdiction.

[3] The mother was entirely successful. The daughters’ motion was dismissed following argument. The parties were invited to make written submissions as to costs.

[4] This was a matter of significant moment to the parties which required some considerable research and preparation. Senior counsel were retained on both sides. I have reviewed the Bill of Costs prepared by counsel to the mother Aida.

[5] Having regard to the factors set out in Rule 57 which should guide the exercise of my discretion to award costs, particularly the reasonable expectations of the parties and the principle of proportionality, the respondent Aida Gamal Nadar is entitled to her costs, including taxes and disbursements, fixed at $7500, payable forthwith.

Whitaker J.

DATE: February 27, 2013