Zhu v. Matadar, 2015 ONSC 1116
COURT FILE NO.: CV-09-392336
DATE: 20150219
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
TIE HONG ZHU
Plaintiff
– and –
MOHMED ARIF MATADAR and MUSA VALI
Defendants
William G. Scott for the Plaintiff
James Shafman for the Defendants
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] In a motor vehicle accident negligence action, the Defendants Mohmed Arif Matadar and Musa Vali brought a summary judgment motion to have the Plaintiff, Tie Hong Zhu’s action dismissed as statute-barred. I dismissed the motion and held that Ms. Zhu’s claim was not statute-barred. See Zhu v. Matadar, 2015 ONSC 178.
[2] Ms. Zhu now claims costs of $9,212.95, all inclusive.
[3] The Defendants submit that Ms. Zhu should receive no costs because her failure to commence her action within two years of the accident triggered the Defendants’ motion and because it remains to be seen whether Ms. Zhu will succeed in her negligence claim.
[4] There is no merit in this submission. Ms. Zhu was the successful party on the motion, and there is no reason to depart from the normal rule that partial indemnity costs should follow the event.
[5] In the alternative, the Defendants submit that the amount claimed is excessive and that the appropriate award is $3,183.34.
[6] Having reviewed the Plaintiff's submissions and her Bill of Costs and having considered the response of the Defendants, in my opinion, the appropriate partial indemnity award is $7,750, all inclusive.
[7] Order accordingly.
Perell, J.
Released: February 19, 2015
CITATION: Zhu v. Matadar, 2015 ONSC 1116
COURT FILE NO.: CV-09-392336
DATE: 20150219
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
TIE HONG ZHU
Plaintiff
– and –
MOHMED ARIF MATADAR and MUSA VALI
Defendants
REASONS FOR DECISION – COSTS
PERELL J.
Released: February 19, 2015