Court File and Parties

COURT FILE NO.: CV-10-413391
DATE: 20131104

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MANOUCHER BARADARAN, Plaintiff

AND:

TARION CORPORATION, ROGERS BOYD, ABBASSGHOLI NASSERI, MASTER CUSTOM HOMES, Defendants

AND RE: MASTER CUSTOM HOMES INC., and ABBASSGHOLI NASSERI, Applicants

AND:

MANOUCHER BARADARAN also known as MANOUCHEHR BARADARAN, Respondent

BEFORE: T. McEwen J.

COUNSEL:
Manoucher Baradaran in person as self-represented

Howard L. Shankman, for the Defendants Abbassgholi Nasseri and Master Custom Homes Inc.

Sophie Vlahakis, for the Defendant Tarion Warranty Corporation

HEARD: In Writing

costs ENDORSEMENT

[1] I have reviewed the parties’ written submissions. The defendants Tarion Corporation (“Tarion”), Abbassgholi Nasseri (“Nasseri”) and Master Custom Homes Inc. (“Master”) were entirely successful on the motion for summary judgment and the defendants Nasseri and Master were completely successful on the application. Accordingly, they are entitled to their costs from the plaintiff.

[2] Insofar as the Tarion Corporation is concerned costs are sought on a substantial indemnity scale in the amount of $4,000.00 plus HST and disbursements. No Bill of Costs was provided with respect to costs based on a partial indemnity scale.

[3] In my view, partial indemnity costs are reasonable and no explanation was provided as to why substantial indemnity costs should be awarded. Costs on a partial indemnity basis in the amount of $3,000.00 plus HST, plus the disbursements sought of $154.12 are reasonable and shall be paid by the plaintiff to Tarion.

[4] Insofar as Nasseri and Master are concerned, they are seeking costs of the defence of the action, motion and application on a partial indemnity basis. I have reviewed the Bill of Costs that was prepared by Mr. Shankman. I would allow the amount for fees sought in the amount of $15,502.50 plus HST up to the time of the motion and application. This amount for defending the action and preparing the motion and application materials is entirely reasonable. With respect to the counsel fee, I would reduce it to $2,600.00 plus HST to reflect eight hours for the appearance at the motion and application. I also allow the disbursements sought in the amount of $1,933.77.

[5] Mr. Shankman also submitted a Costs Outline from Shadi Nasseri, the daughter of Nasseri, who acted as counsel prior to his retainer. Ms. Nasseri was never solicitor of record. Costs are sought for work she performed not only prior to Mr. Shankman’s retainer in July of 2011 but also subsequent to that date up until May of 2013 and with respect to work she performed acting as counsel in the third party action.

[6] I will allow a modest amount of costs from October 27, 2010 until Mr. Shankman’s retainer on July 22, 2011, but not thereafter as it is unfair to the plaintiff to be exposed to two sets of costs when Ms. Nasseri was not the solicitor of record subsequent to Mr. Shankman being retained. In my view, the amount awarded should be modest given the fact that Ms. Nasseri was acting for a family member. Further, the Bill of Costs discloses that she was essentially assisting her father, Nasseri, in obtaining counsel although she did prepare a Notice of Intent to Defend and retained another solicitor to draft a Statement of Defence. No costs should be awarded with respect to the defence of the third party claim.

[7] In all of the circumstances, I would award additional costs with respect to work done by Ms. Nasseri including Mr. Thomas (whom she retained to prepare a draft defence) in the amount of $2,000 plus HST, plus disbursements for photocopying and paralegal accounts in the amount of $277.55.

[8] Costs payable by the plaintiff to Nasseri and Master total $20,102.50 for fees plus GST and $2,211.32 for disbursements.

[9] All costs are to be paid within 60 days.

T. McEwen J.

Date: November 4, 2013