SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO: 04-FA-12765 FIS
DATE: 20130314

RE: Dhanraje Samujh, also known as Rona Samujh
Applicant

• and -

Suenarine Samujh
Respondent

BEFORE: The Honourable Mr. Justice Kevin Whitaker

COUNSEL:
Lorne J. Fine, for the Applicant
No one appearing for the Respondent

E N D O R S E M E N T

Re COSTS

[1] I have reviewed the written costs submissions and the respondent’s request for reconsideration of my Order of December 6, 2012.

[2] I have considered the factors which should guide the exercise of my discretion to award costs. The applicant was successful for the most part and costs should presumptively follow the results of the motion.

[3] The matter was of some urgency and considerable importance to the parties.

[4] I am particularly concerned that costs are proportionate to the significance of the parties’ circumstances and within the reasonable expectations of the losing party.

[5] The applicant is entitled to costs inclusive of taxes and disbursements, fixed at $3,500.00 payable by the respondent forthwith.

[6] I decline to reconsider my Order.

Whitaker J.

DATE: March 14, 2013