ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-13-3251-00
DATE: 20131218
BETWEEN:
RAJINDER SAINI, PARVASI BUSINESS PAGES INC., PARVASI WEEKLY INC., PARVASI RADIO INC. and PARVASI ENTERTAINMENT INC. a.k.a. PARVASI MEDIA GROUP
Plaintiffs
– and –
TANDEEP SINGH SODHI, SUCCESS BUSINESS PAGES INC. and RENU SODHI
Defendants
S. Klotz, for the Plaintiffs
G. A. Bennett, for the Defendants
COSTS ENDORSEMENT
d.l. edwarsd j.
[1] On November 19 2013 I ordered that costs submissions be given to me with respect to the abandoned interim interlocutory injunction. I have reviewed those submissions.
[2] For the purposes of this cost endorsement, the plaintiffs are referred to as Saini Group and the defendants as Sodhi Group.
[3] The Saini Group brought a motion for an interim interlocutory injunction.
[4] Before me it was conceded by both parties that the interim interlocutory injunction motion had been abandoned.
[5] The Sodhi Group seeks costs with respect to that motion of $37,155.53 on substantial indemnity basis and $44,898.60 on a full indemnity basis.
[6] They direct me to certain of the factors enumerated in Rule 57.01 of the Rules of Civil Procedure, R.R.O. 1990, O. Reg. 194; this was a complex matter; the issue was extremely important to their economic future; they were clearly successful.
[7] Further, the Saini Group in its Notice of Motion at para. 13 provided an undertaking to cover all of the costs and damages of the Sodhi Group.
[8] They submit that the motion was destined to fail for several reasons, including an unexplained 13 month delay in taking steps to seek relief.
[9] In contrast in their cost submissions, the Saini Group assert that the interim interlocutory injunction motion was adjourned, and not abandoned, notwithstanding their counsel’s letter of August 27, 2013 where he states that the interim interlocutory injunction motion would not be proceeding.
[10] Further, it was not argued before me that they had adjourned rather than abandoned the interim interlocutory injunction motion. Indeed, my endorsement of November 19, 2013 references the fact that I will be receiving cost submissions with respect to the abandoned interim interlocutory injunction motion.
[11] I find that the Saini Group abandoned the interim interlocutory injunction motion and Sohdi Group is entitled to costs; the issue is the quantum.
[12] I accept that this matter had a fair degree of complexity. It was of great significance to the parties. The hourly rate charged by counsel for the Sodhi Group is reasonable.
[13] I accept that there must be consequences to providing in the Notice of Motion an undertaking to indemnify the defendants.
[14] I find that the number of hours charged by counsel is excessive given the nature of this matter, and accordingly reduce slightly the amount which the Sodhi Group would be entitled to on a full recovery basis pursuant to the Saini Group’s undertaking.
[15] Accordingly, I award the Sodhi Group costs in the amount of $40,000.00 fixed payable by the Saini Group.
D.L. Edwards J.
Released: December 18, 2013
COURT FILE NO.: CV-13-3251-00
DATE: 20131218
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
RAJINDER SAINI, PARVASI BUSINESS PAGES INC., PARVASI WEEKLY INC., PARVASI RADIO INC. and PARVASI ENTERTAINMENT INC. a.k.a. PARVASI MEDIA GROUP
Plaintiffs
– and –
TANDEEP SINGH SODHI, SUCCESS BUSINESS PAGES INC. and RENU SODHI
Defendants
COSTS ENDORSEMENT
D.L. EDWARDS J.
Released: December 18, 2013