Gurmail Singh Nirman et al. v. The Sikh Spiritual Centre Toronto, 2014 ONSC 5690

SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-14-3059-00
DATE: 20140930

RE: GURMAIL SINGH NIRMAN, GURDEV SINGH, BALKAR SINGH HEIR, MAJOR SINGH KALER, MAJIT SINGH, BALDEV SINGH SANDHU, BALWINDER SINGH GILL, AVTAR SINGH RAI, SARBJIT SINGH BHATIA, MALKIT SINGH GREWAL, CHAIN SINGH v. THE SIKH SPIRITUAL CENTRE TORONTO

BEFORE: Fragomeni J.

COUNSEL:
Doug LaFramboise, for the Plaintiffs

Bhupinder Nagra, for the Defendant

E N D O R S E M E N T re C O S T S

1The Plaintiffs were members of The Sikh Spiritual Centre Toronto. The Plaintiffs were terminated as members by the Sikh Spiritual Centre. The Plaintiffs brought a motion seeking their reinstatement effective immediately on the grounds that the Sikh Spiritual Centre had no authority or jurisdiction to terminate their membership.

2On August 22, 2014 I issued an order that the Plaintiffs be reinstated as members effective immediately. The Plaintiffs were, therefore, completely successful at the motion and the Sikh Centre was completely unsuccessful.

3The Plaintiffs seek costs of the entire action since July 2013 when the first request was submitted for reinstatement. The Plaintiffs seek costs as against the Sikh Spiritual Centre and the Officers of the Centre, namely Amarjit Singh Deol and Parminderjit Singh Hargan.

4The Plaintiffs offered to settle this motion with a Rule 49 Offer to Settle dated August 19, 2014 as follows:

1. All eleven Plaintiffs have their membership in The Sikh Spiritual Center reinstated effective immediately;

2. This offer remains open until one (1) minute prior to the commencement of the scheduled motion on August 22, 2014;

3. If accepted the Defendant pays $1,000.00 for costs to the Plaintiffs, payable forthwith.

5No response was received to the Plaintiffs’ Offer to Settle.

6At paragraphs 22 and 23 of their written submissions on costs the Plaintiffs submit the following:

In addition to this, the Plaintiffs are seeking costs on a full indemnity basis, which is $31,498.75 inclusive of H.S.T. as it is respectfully requested that this amount is appropriate in the circumstances given the continuing disrespect of Justice Patillo’s and Justice Brown’s Orders, and for the Court to Order the same. The Substantial Indemnity amount is $28,348.88, also inclusive of H.S.T.

This motion was completely unnecessary, as the Sikh Centre’s actions in removing the Plaintiffs from membership was clearly in violation of the findings of Justice Pattillo.

7The Defendant submits that with respect to the motion heard on August 22, 2014 the Plaintiffs’ costs outline improperly seeks costs for fees incurred by the Plaintiff for work unrelated to the motion heard on August 22, 2014, namely the reinstatement of the Plaintiffs as members of the Sikh Spiritual Centre.

8I agree with the Defendant that the costs should be calculated only for the work related to the motion on August 22, 2014 and not for the entire action. The Plaintiffs cannot at this motion seek costs of the previous proceeding which was administratively dismissed for delay.

9In addition to that the Defendant submits that the other motion brought by the Plaintiffs seeking a stay of the Annual General Meeting scheduled for July 12, 2014 was abandoned by the Plaintiffs and as such the Defendant was successful on that motion. The Plaintiffs abandoned the motion on July 12, 2014 and the only motion left to be dealt with on August 22, 2014 related to the reinstatement issue. As I indicated the Plaintiffs were completely successful on that one issue heard on August 22, 2014.

10I am satisfied that the Plaintiffs are entitled to their costs. I agree with the Plaintiffs that in light of the decisions made by Justice Patillo and Brown, this motion should not have been necessary. The Defendant knew that it had no authority or jurisdiction to terminate the Plaintiffs’ memberships.

11I have reviewed the costs outline of the Plaintiffs and I agree with the Defendant that the time spent on this motion is disproportionate to the issue litigated. There is no doubt that the issue was important to the Plaintiffs. The issue dealt with, however, was focused and the hearing of the motion was not lengthy.

12I am prepared to fix costs of the motion heard on August 22, 2014 at $12,000.00 all inclusive.

13With respect to whether the Officers of the Centre should be responsible for these costs, I cannot agree with the position of the Plaintiffs. The Officers of the Centre were not parties to the motion nor were they given an opportunity to appear and make submissions with respect to the costs issue.

14Order to Issue that the Defendant, The Sikh Spiritual Centre Toronto pay to the Plaintiffs their costs fixed in the all-inclusive sum of $12,000.00.

Fragomeni J.

DATE: September 30, 2014

COURT FILE NO.: CV-14-3059-00

DATE: 20140930

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: GURMAIL SINGH NIRMAN, GURDEV SINGH, BALKAR SINGH HEIR, MAJOR SINGH KALER, MAJIT SINGH, BALDEV SINGH SANDHU, BALWINDER SINGH GILL, AVTAR SINGH RAI, SARBJIT SINGH BHATIA, MALKIT SINGH GREWAL, CHAIN SINGH v. THE SIKH SPIRITUAL CENTRE TORONTO