Meridian Credit Union Limited v. Baig, 2014 ONSC 7127

SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-10-395079
DATE: 20141209

RE: MERIDIAN CREDIT UNION LIMITED

Plaintiff/Respondent

AND:

AHMED BAIG

Defendant/Moving Party

BEFORE: F.L. Myers J.

COUNSEL: J. Anthony Caldwell, for the Plaintiff/Respondent

Milton A. Davis, for the Defendant/Moving Party

READ: December 9, 2014

REASONS FOR JUDGMENT for costs

Background

1In reasons dated August 15, 2014, I granted summary judgment on liability in favour of the plaintiff. The plaintiff seeks costs of the motion and the proceeding to date. My reasons for decision recognized, however, that the potential swing in damages is very wide. If, at the end of the day, there are no damages, or alternatively, damages represent a complete disgorgement of Mr. Baig’s apparent profit, different considerations may apply on the issue of the costs of the proceeding.¹ Accordingly, costs are reserved pending the final outcome of the assessment of damages.

F.L. Myers J.

Footnotes

1. 1I use the words “apparent profit” to recognize that while there appears to have been a substantial profit on the paper that was before me, this question may be in issue in the next phase of the proceeding and I am not to be taken to have prejudged that outcome.