SUPERIOR COURT OF JUSTICE - ONTARIO
Court File No.: CV-12-4826-00
Date: 2013-04-05
RE: AYR MOTOR EXPRESS INC.
- and -
BELL & BOB TRANSPORT LTD., DALJIT SINGH HUNDAL a.k.a. JERRY HUNDAL, and BALWINDER SINGH
Before: Justice D.L. Edwards
Counsel:
Ethan M. Rogers, for the Applicant
Sukhwant S. Baidwan, for the Respondents
COST ENDORSEMENT
[1] On March 11, 2013, I released an order which dismissed the respondents’ motion. At that time, I asked for costs submissions.
[2] The respondents submit that no costs should be awarded to the applicant because I ruled that I had no jurisdiction to grant the relief requested by the respondents. I do not accept this position.
[3] The applicant was completely successful and in the circumstances is entitled to costs. The question is quantum.
[4] The applicant seeks costs on a substantial indemnity basis in the amount of $9,699.92.
[5] I am not prepared to grant costs on a substantial indemnity basis. I acknowledge that the applicant’s solicitor advised the respondent’s solicitor early in the process that he did not agree with the position taken by the respondents and that he would hold the respondents’ lawyer personally liable.
[6] However, I do not find that the conduct of the respondents rises to the level where substantial indemnity would be appropriate.
[7] I have reviewed the Bill of Costs which was prepared on a substantial indemnity basis. I agree that the amount of time for research is slightly excessive.
[8] For the reasons set out above, I order costs payable forthwith in the amount of $6,800.00 fixed.
Edwards J.
DATE: April 5, 2013
COURT FILE NO.: CV-12-4826-00
DATE: 2013-04-05
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: AYR MOTOR EXPRESS INC.
- and -
BELL & BOB TRANSPORT LTD., DALJIT SINGH HUNDAL a.k.a. JERRY HUNDAL, and BALWINDER SINGH
BEFORE: Justice D.L. Edwards
COUNSEL: Ethan M. Rogers, for the Applicant
Sukhwant S. Baidwan, for the Respondents
COST ENDORSEMENT
Edwards J.
DATE: April 5, 2013