SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-11-434149

DATE: 2013-06-21

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

[1] For reasons released on November 15, 2012 the Defendants’ motion was dismissed and certain relief granted to the plaintiff.

[2] Costs 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.

[3] At 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