Entry Point Investments v. Invis Inc., 2015 ONSC 2855
COURT FILE NO.: CV-14-509585
DATE: 20150430
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ANTHONY GYIMAH TRADING AS ENTRY POINT INVESTMENTS
Plaintiff
– and –
INVIS INC., RICKY SINGH, POORNA JAYASENA, KVIWINDER SOHI, JASVINDER SOHI, NAOMI EDWARDS, RANJIT DULLAY, DOMENIC REDA
Defendants
Anthony Gyimah, self-represented
Carl Cunningham and Ilan Ishai for the Defendants, Invis Inc., Ricky Singh and Domenic Reda
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] The Plaintiff Anthony Gyimah brought a summary judgment motion against the Defendants Invis Inc., Ricky Singh, and Domenic Reda. With accruing interest, the claim was for approximately $100,000. The Defendants brought a cross-motion for a summary judgment dismissing the action against them. I dismissed Mr. Gyimah’s motion, and I granted the cross-motion. See Entry Point Investments v. Invis Inc., 2015 ONSC 2009.
[2] The successful Defendants now claim costs of $29,905.98, all inclusive, on a partial indemnity basis.
[3] Mr. Gyimah submits that the Defendants’ claim for costs is excessive in the circumstances of this case and that the case was “over lawyered”. He submits that the conduct of the individual defendants during the course of the litigation should be taken into account. He submits that the appropriate award in the circumstances of this case is just the Defendants’ provable disbursements.
[4] In a submission with which I agree, Mr. Gyimah submits that an award of costs should reflect what the court views as a fair and reasonable amount that should be paid by an unsuccessful party rather than an exact calculation of time spent times hourly rates.
[5] Having reviewed the Defendants’ Bill of Costs and applying the principle suggested by Mr. Gyimah, I award the Defendants $25,000, all inclusive.
[6] Order accordingly.
Perell, J.
Released: April 30, 2015
Entry Point Investments v. Invis Inc., 2015 ONSC 2855
COURT FILE NO.: CV-14-509585
DATE: 20150430
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ANTHONY GYIMAH TRADING AS ENTRY POINT INVESTMENTS
Plaintiff
– and –
INVIS INC., RICKY SINGH, POORNA JAYASENA, KVIWINDER SOHI, JASVINDER SOHI, NAOMI EDWARDS, RANJIT DULLAY, DOMENIC REDA
Defendants
REASONS FOR DECISION – COSTS
PERELL J.
Released: April 30, 2015