SUPERIOR COURT OF JUSTICE - ONTARIO

Court File No: CV-12-466166
Date: 20141216

RE:

Vitaliy Dovbush and Alexander Faltschuk
Plaintiffs

• and -

Bogdan Mouzitchka, Alexandra Mouzitchka and IMB + Records Inc.
Defendants

BEFORE: The Honourable Mr. Justice Kevin Whitaker

COUNSEL:
Donald R. Fiske, for the Plaintiffs
Stephen M. Werbowyj, for the Defendants

HEARD: September 15 – 19, 2014

COSTS ENDORSEMENT

[1] This is a costs endorsement following a five-day trial, September 15 – 19, 2014.

[2] I have regard to those principles set out in Rule 57 which should guide the exercise of my discretion to award costs. I am particularly inclined to keep in mind the principle of proportionality and the reasonable expectations of the losing party.

[3] I have considered offers to settle.

[4] I reject the plaintiffs’ suggestion that the results were mixed. The case dealt principally with the action by the plaintiffs and the cross-claim was of much less significance.

[5] In the event of success, the plaintiffs were seeking costs of $54,287.16. The defendants seek $158,433 in costs, if successful.

[6] Costs to the defendants, all inclusive of taxes and disbursements, are fixed at $60,000.00 payable forthwith.

Whitaker J.

DATE: December 16, 2014