ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-12-463434
DATE: 20130315
BETWEEN:
Estate of Marla Bennett, Michael Bennett, Linda Bennett and Lisa Bennett
Plaintiffs
– and –
Islamic Republic of Iran and Iranian Ministry of Information and Security
Defendants
John J. Adair, for the Plaintiffs
No one appeared for the Defendants
HEARD: October 11, 18, & 31, 2012
ellen macdonald j.
SUPPLEMENTARY REASONS RESPECTING COSTS
[1] The Plaintiffs seek their partial indemnity costs on a joint and several basis against the Defendants in respect of the motions heard on October 11, October 18, and October 31, 2012.
[2] The factual background of this matter is set out in the costs submissions provided by Mr. Adair. I agree that there is no reason in this case to depart from the general rule that costs follow the event. The matters at issue in the October 2012 motions were complex. I accept that it was necessary for the Plaintiffs to complete detailed investigations into property and assets held by the Defendants in Canada. There are also issues that involved consideration of recent amendments to the State Immunity Act, R.S.C. 1985 s-18, relating to State support for terrorism. In order to prepare for the motion, plaintiffs’ counsel had to consult with experts on Iran. U.S. counsel for the Plaintiffs swore detailed affidavits in support of the relief being sought in the October 2012 motions.
[3] The conduct of the defendants favours the awarding of costs against them.
[4] I agree that the hourly rates set out by Mr. Adair and others who assisted him are fair and reasonable. I do not overlook the fact that the Defendants concealed assets with the apparent objective of shielding themselves from the claims of the plaintiff. For these reasons, I am in agreement that the Plaintiffs’ partial indemnity costs inclusive of taxes and disbursements are payable jointly and severely by all of the defendants in the total amount of $62,068.37.
Ellen Macdonald J.
Released: March 15, 2013
COURT FILE NO.: CV-12-463434
DATE: 20130315
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Estate of Marla Bennett, Michael Bennett, Linda Bennett and Lisa Bennett
Plaintiffs
– and –
Islamic Republic of Iran and Iranian Ministry of Information and Security
Defendants
SUPPLEMENTARY REASONS RESPECTING COSTS
Ellen Macdonald J.