SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-12-466645
MOTION HEARD: AUGUST 13, 2014

RE:

Victor Le

v.

Chao Yun Zhou also known as Chow Yun Zhou and Yun Chou Zhou and Yuan Ying Huang

BEFORE: MASTER R.A. MUIR

COUNSEL:
Jason Huang for the defendants
Julie Amourgis for the plaintiff

ENDORSEMENT - COSTS

[1] This costs endorsement is made in respect of a motion brought by the defendants pursuant to Rule 19.08 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (the “Rules”) for an order setting aside their noting in default and a default judgment signed against them.

[2] On August 15, 2014 I released my reasons for decision. I granted the relief requested by the defendants. I also ordered that any costs submissions be filed by September 12, 2014. The defendants filed their submissions on time. The plaintiff did not file his costs submissions until September 25, 2014. No explanation was provided for this late filing. In the circumstances, I am not prepared to consider the plaintiff’s costs submissions.

[3] The defendants were completely successful on this motion. Ordinarily, the successful party is entitled to costs. However, in my view the defendants should not receive costs in the circumstances of this motion.

[4] The defendants have received an indulgence from the court. They were in default under the Rules. I do have some concern with respect to the actions of the plaintiff in noting the defendants in default when he did. However, that does not excuse the considerable delay by the defendants in bringing this motion. Moreover, the plaintiff waited many months after the noting in default to obtain judgment. The plaintiff only moved for judgment as the court deadline for doing so was approaching and after many months of inaction by the defendants. The plaintiff’s opposition to this motion was reasonable in the circumstances.

[5] For these reasons, it is my view that it is fair and reasonable that there be no order for the costs of this motion.

Master R.A. Muir

DATE: October 7, 2014