Abdollahpour v. Banifatemi, 2015 ONSC 1019
COURT FILE NO.: FC-14-70
DATE: 2015/02/13
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Abdollahpour v. Banifatemi
BEFORE: Mr. Justice Robert Smith
COUNSEL: Tanya C. Davies for the Applicant
Kevin Kavanagh, for the Respondent (moving party on motion)
DATE HEARD: By written submissions
C O S T S E N D O R S E M E N T
[1] The Respondent seeks costs of $21,631.59 on a full indemnity basis due to exceeding the terms of her offer to settle and being completely successful on a complex summary judgment motion.
[2] The Applicants submit that the 23.9 hours were spent before the offer to settle was made and only partial indemnity costs should be ordered. They also argue that an excessive amount of time was spent on the motion; 76 hours as compared to the Applicants who only spent 40 hours. They submit that the costs awarded should be reasonable.
[3] The Respondent was completely successful on the summary judgment motion and therefore is entitled to her full costs from the date of the offer to settle pursuant to Rule 18 of the Family Law Rules.
Disposition
[4] Considering the principles in Rule 24 of the Family Law Rules but in particular the complete success of the Respondent, the reasonableness of her position and having exceeded the terms of her offer to settle, the Applicants are ordered to pay costs to the Respondent in the amount of $18,500 including HST and disbursements.
R. Smith J.
RELEASED: February 13, 2015
CITATION: Abdollahpour v. Banifatemi, 2015 ONSC 1019
COURT FILE NO.: FC-14-70
DATE: 2015/02/13
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Abdollahpour v. Banifatemi
BEFORE: Mr. Justice Robert Smith
COUNSEL: Tanya C. Davies for Applicant
Kevin Kavanagh for the Respondent (moving party on motion)
COSTS ENDORSEMENT
R. Smith J.
RELEASED: February 13, 2015