Ahdieh v. Farrokhzadi, 2015 ONSC 1941
COURT FILE NO.: 11-CV-51690
13-57665
DATE: 2015/03/19
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Mitra Ahdieh (Plaintiff)
v.
Ata Farrokhzadi (Defendant)
and
Giti Akbari-Shahmirzadi (Defendant)
BEFORE: Hackland J.
COUNSEL: Jeff G. Saikaley, for the Plaintiff
Miriam Vale Peters, for the Defendants
HEARD: in writing
Costs ENDORSEMENT
[1] The plaintiff, Mitra Ahdieh was successful on a motion argued February 10, 2015 in which the defendant sought an order staying this action on the basis of a lack of jurisdiction and forum non-conveniens. It is not contested that the plaintiff is entitled to her costs. This was a motion of some complexity given the legal issues involved. In addition, the issues are of great importance to both parties.
[2] The plaintiff made a Rule 49 offer on January 29, 2015 some 12 days prior to the argument of the motion and obtained a result essentially identical to her offer. I agree that the plaintiff is entitled to her partial indemnity costs up to the date of her offer and substantial indemnity costs subsequent to that date.
[3] The plaintiff claims substantial indemnity costs of $8,433 subsequent to their offer and partial indemnity cost of $6,678 prior to January 29, 2015
[4] The defendant is not contesting the plaintiff’s counsel’s hourly rate or, the application of Rule 49 in the circumstances. The defendant points out that their time records reflect fewer hours expended on the matter than plaintiff’s counsel, but I note that there is not a significant discrepancy between the times expended by counsel for each of the parties. Moreover, I decline to reduce the hours for which the plaintiff proposes to charge because they appear to me to be well within the range of reasonableness in regard to the Rule 57 factors.
[5] In summary, I award the plaintiff for costs of this motion as claimed: $16,000 inclusive of HST and disbursements payable forthwith by the defendant to the plaintiff.
Mr. Justice Charles T. Hackland
Date: March 19, 2015
COURT FILE NO.: 11-CV-51690
13-57665
DATE: 2015/03/19
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Mitra Ahdieh (Plaintiff)
v.
Ata Farrokhzadi (Defendant)
and
Giti Akbari-Shahmirzadi (Defendant)
BEFORE: Hackland J.
COUNSEL: Jeff G. Saikaley, for the Plaintiff
Miriam Vale Peters, for the Defendants
ENDORSEMENT
Hackland J.
Date: March 19, 2015