SUPERIOR COURT OF JUSTICE - ONTARIO
RE: AMBER LIGHTING LIMITED, Plaintiff
AND:
AIPO INTERNATIONAL GROUP INC., RADIKA MAHADEO and 1805744 ONTARIO INC., Defendants
BEFORE: Ellen Macdonald J.
COUNSEL:
Patrick Di Monte, for the Plaintiff
Oblubunmi Ogunniyi, for the Defendants
Costs Endorsement
1For reasons released on November 15, 2012 the Defendants’ motion was dismissed and certain relief granted to the plaintiff.
2Costs to the plaintiff are awarded on a substantial indemnity basis. The Bill of Costs includes a claim of 105 hours at $425 per hour totalling $44,965. I am deducting 10 hours from this as being attributable to the proceedings in the Court of Appeal and accordingly dealt with by the Court of Appeal. I allow 95 hours for a total of $40,375 for fees plus $5248.75 for HST. I allow the disbursements of $2,208.54. Total costs to be paid on the motion will be $53,018.99. I am satisfied that the principle of proportionality warrants costs in this amount given the significant amount at stake.
3At the attendance before me on May 1, 2013 Mr. Ogunniyi asked for a further ruling relating to mortgage accounts. Those issues were not before me on the motion launched by the defendants and I decline to issue any further ruling. If the defendants dispute the mortgage accounts, they have their remedies.
Ellen Macdonald J.
Date: June 21, 2013