COURT FILE NO.: CV-12-461205

DATE: 2015-07-27

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

[1] In 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.

[2] Xhebraj 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.

[3] Xhebraj 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.

[4] Bassi, 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.

[5] The 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