ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CV-11-52070
DATE: 2013/11/18

BETWEEN:

Charlotte Umutoni
Plaintiff

– and –

Jean Chrysostome Safari also known as Richard Safari and Cécile Umulinga Minega, also known as Cécile Umulinga Safari
Defendants

Denis Cadieux, for the Plaintiff

Richard Safari, Self-represented

Cécile Umulinga Safari, Self-represented

HEARD: By written submissions

COSTS DECISION

R. SMITH J.

Overview

[1] The plaintiff successfully moved for Summary Judgment against the defendants for the amount of funds advanced to the defendants to be invested on her behalf. The defendant Mr. Safari had alleged that all of the funds transferred to him were lost when he made inappropriate investments. The plaintiff was successful on her Motion for Summary of Judgment.

Positions of Parties

[2] The plaintiff seeks costs in the amount of $20,000 plus HST inclusive of disbursements of $2,000 and inclusive of costs of $2,000 already awarded by Pelletier J. The defendants have not made submissions within the timelines set out in my Reasons for Decision.

Factors

Success

[3] In this case, the plaintiff was completely successful in her Motion and obtained a Judgment in the amount sought. The plaintiff recovered 100% of the amount claimed in her Motion for Summary Judgment.

Complexity and Importance

[4] The matters were of above average complexity as they involved a Motion for Summary Judgment which was important to the parties.

Offers to Settle

[5] Neither party made any Offer to Settle.

Hourly rates, Time Spent and Proportionality

[6] The plaintiff submits that the rate of $300 per hour on a substantial indemnity scale for 66 hours is reasonable in the circumstances. Counsel for the plaintiff has over 24 years of experience and I find that his hourly rate of $300 per hour is reasonable.

Unreasonable Conduct of the Defendants

[7] The defendants were found to have accepted a substantial amount of money from the plaintiff, who is Mr. Safari’s cousin from Rwanda, and invested her funds without being duly qualified to make investments. Mr. Safari allegedly lost all of her money by making inappropriate investments in the stock market. The defendants’ conduct is reprehensible in these circumstances and justifies an award of substantial indemnity costs.

Amount the Unsuccessful Party Would Reasonably Expect to Pay

[8] The matter was complex, as there were limitation issues and the issue of the appropriate forum. The plaintiff moved from Rwanda to Canada and the defendants resided in New York. I award costs in the amount of $19,000 plus HST.

Disposition

[9] The defendants are ordered to pay costs in the amount of $19,000 plus HST to the plaintiff.

Mr. Justice Robert J. Smith

Released: November 18, 2013

COURT FILE NO.: CV-11-52070
DATE: 2013/11/18

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Charlotte Umutoni

Plaintiff

– and –

Jean Chrysostome Safari also known as Richard Safari and Cécile Umulinga Minega, also known as Cécile Umulinga Safari

Defendants

COSTS decision

R. Smith J.

Released: November 18, 2013