ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 08-CV-353753
DATE: 20140926
BETWEEN:
ZAID HAWA
Applicant
– and –
NADA SALIM RAZZOUKI HAWA
Respondent
H. Keith Juriansz, for the Applicant
Anton M. Katz, for the Respondent
HEARD: In writing
b. p. o’marra j.
supplementary reasons for judgment and costs endorsement
[1] Further to my decision released July 18, 2014 the applicant claims there were issues that required clarification. By letter to both counsel dated August 11, 2014, I invited further brief written submissions. The applicant filed material dated August 27, 2014. The respondent replied on September 8, 2014. Without leave or invitation of the court the applicant sent further written submissions dated September 9, 2014.
[2] Based on the material and submissions filed after July 18, 2014 the applicant seeks to re-litigate and dispute my ruling. He is entitled to do so but not before me. A review of the correctness of my decision will have to be dealt with in the appropriate forum.
[3] I have received written costs submissions from both parties and deferred that decision while I reviewed the further submissions.
[4] The respondent had brought an application seeking directions in addition to responding to the original application. A significant aspect of the application for directions related to whether the sum of £62,000.00 would be made payable directly to the applicant or to his solicitors in accord with a signed direction. I ruled that the respondent had unreasonably balked and delayed paying this sum even though it was clearly owed by the respondent. The issue was resolved at the 11th hour in the course of submissions on June 12, 2014. Even then, counsel for the respondent and his client produced a cheque that was not in accord with the signed direction. The respondent consented to an order that a properly endorsed cheque be delivered to the applicant’s counsel by July 14, 2014. I understand that was complied with, albeit long after it should have been.
[5] The applicant was successful in seeking enforcement of certain aspects of the settlement dated February 7, 2014. He was specifically obliged to seek an order for endorsement of the cheque for £62,000.00 payable to his solicitors that was unreasonably resisted by the respondent until June 12, 2014.
[6] The applicant was not successful in seeking an order that he and he alone was entitled to the proceeds of a Swiss bank account held jointly in the names of himself and his mother. That was the most contentious issue on the application and occupied most of the written and oral submissions.
[7] There was divided success on important issues. The applicant seeks costs on a partial indemnity scale based on the following:
On motion for judgment – 30.7 hours between two counsel.
On response to respondent’s motion for directions – 37.35 hours between two counsel.
[8] The issues dealt with in response to the motion for directions were included in the original application. The number of hours to respond to the motion for directions is excessive.
[9] On a partial indemnity scale the respondent submits for one counsel 44.8 hours
[10] The applicant had mixed success on the motion for judgment. He is entitled to costs on the motion for directions but at a reduced amount since there was a significant overlap of issues and thus less preparation time required.
[11] The award of costs should represent a fair and reasonable amount to be paid by an unsuccessful party. It must take into account the expectations of the parties concerning the quantum of costs.
Rule 57.01, Rules of Civil Procedure.
Boucher v. Public Accountants Council for the Province of Ontario 2004 14579 (ON CA), [2004] O.J. No. 2634.
[12] In my view, the appropriate award is that the respondent pay to the applicant costs totalling $12,000.00 all inclusive, within 30 days.
B. P. O’Marra J.
Released: September 26, 2014
COURT FILE NO.: 08-CV-353753
DATE: 20140926
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ZAID HAWA
Applicant
– and –
NADA SALIM RAZZOUKI HAWA
Respondent
SUPPLEMENTARY REASONS FOR JUDGMENT
AND COSTS ENDORSEMENT
B. P. O’Marra J.
Released: September 26, 2014