COURT FILE NO.: CV-12-461205
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: NERITAN XHEBRAJ carrying on business as NXD Building and Maintenance Services, Plaintiff
AND:
ANITA BASSI, Defendant
BEFORE: STEWART J.
COUNSEL:
Daria Krysik, for the Plaintiff
Anita Bassi, in person
HEARD: In Writing
ENDORSEMENT
1In my decision of March 5, 2015, I invited the parties to provide written submission on costs if that subject could not be agreed upon by them. I now have received and considered those submissions.
2Xhebraj was successful in resisting Bassi’s motion to oppose confirmation. There is no persuasive reason to depart from the usual approach that costs should follow the event.
3Xhebraj seeks costs on a substantial indemnity basis in the amount of $9,922.58, or on a partial indemnity basis in the amount of $6,727.50.
4Bassi, although unsuccessful on the motion and self-represented, seeks costs of $10,000.00. In support of her position, she cites alleged misconduct on the part of Xhebraj and his counsel in their conduct of the proceeding. I see no basis on this record to justify the costs award she seeks.
5The motion was very straightforward and the issues raised were comparatively simple. In my view, Xhebraj should recover costs of the motion on a partial indemnity scale I fix these costs at $5,000.00 inclusive of all disbursements and applicable taxes, an amount which I consider to be fair and reasonable. Order accordingly.
STEWART J.
Date: July 27, 2015