Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Verinder Malhotra, Applicant
AND:
Charanjit Singh, Resham Virk, Jasmel Singh Bamrah and Tejinder Bamrah. Respondents
BEFORE: Bielby, J.
COUNSEL:
Sukhwant S. Baidwan, for the Applicant
Ralph Swaine, for the Respondents
HEARD: November 29, 2013
COSTS ENDORSEMENT
[1]
Background
On November 29, 2013, the application herein was dismissed. The applicant had sought a certificate of pending litigation and specific performance in relation to two properties located in Brampton.
[2]
Costs Claimed
The respondents were completely successful and are entitled to their costs, on a partial indemnity basis. The respondents seek the following:
Fees:
$5,850.00
Counsel fee:
$3,000.00
H.S.T.:
$1,150.50
Disbursements:
$157.00
Total:
$10,157.50
3The applicant submits the costs sought are excessive and should not exceed $3,000.00.
[4]
Analysis
In my opinion, the costs claimed by the respondents are excessive. The matter took less than two hours to argue, and a counsel fee of $3,000.00 is excessive, as are the hours claimed for the preparation of the affidavit.
5Accordingly, I allow the respondents for costs the following:
Fees:
$3,500.00
Counsel fee:
$1,500.00
H.S.T.:
$650.00
Disbursements:
$157.00
Total:
$5,807.00
[6]
Disposition
The respondents shall have their costs in the amount of $5,807.00, all inclusive, payable by the applicant forthwith.
Bielby, J.
Date: January 20, 2014