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
1This is a costs endorsement following a five-day trial, September 15 – 19, 2014.
2I 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.
3I have considered offers to settle.
4I 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.
5In the event of success, the plaintiffs were seeking costs of $54,287.16. The defendants seek $158,433 in costs, if successful.
6Costs to the defendants, all inclusive of taxes and disbursements, are fixed at $60,000.00 payable forthwith.
Whitaker J.
DATE: December 16, 2014