Choksi v. Peerani, 2015 ONSC 478
COURT FILE NO.: CV-12-1883-00
DATE: 20150121
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Muhammad Arif Choksi – and – Muhammad Iqbal Peerani, Neelofar Peerani, Zain Peerani and Sumair Peerani
BEFORE: Justice Thomas A. Bielby
COUNSEL: Ralph Swaine, for the Plaintiff
Ray Tapar, for the Defendants
COST ENDORSEMENT
[1] On December 10, 2014, I heard the defendants’ motion to stay this action on the grounds that Pakistan is the ‘forum conveniens’. I dismissed the motion with reasons released the next day.
[2] Pursuant to my endorsement, written submissions on costs have been received.
[3] The plaintiff, the successful party seeks costs on a substantial indemnity basis of $14,833.00, all inclusive. The claim on a partial indemnity basis amounts to $16,160.50, all inclusive.
[4] While the plaintiff is entitled to costs, the appropriate scale is that of partial indemnity. The circumstances surrounding this motion do not give rise to a claim for costs on a full indemnity basis.
[5] In determining costs, I must also consider costs of a proceeding before Seppi J. who, on the motion of the defendant, amended the discovery plan and put costs over to the judge hearing the ‘forum conveniens’ motion. The defendant claims success on this motion and claims costs of $3,219.00. No breakdown or bill of costs were provided in relation to this claim for costs.
[6] I will not order specific costs in regards to the discovery motion but will factor the costs of the discovery motion into my cost award in regards to the ‘forum conveniens’ motion.
[7] Finally, I agree with the counsel for the defendant that the fees claimed by the plaintiff are somewhat excessive.
[8] I order that the defendants are to pay the plaintiff costs of $7,167.59, broken down as follows:
Fees for preparation $ 3,500.00
Fees for appearances 2,700.00
Disbursements 143.00
$ 6,343.00
H.S.T. 824.59
Total $7,167.59
Bielby J.
DATE: January 21, 2015
CITATION: Choksi v. Peerani, 2015 ONSC 478
COURT FILE NO.: CV-12-1883-00
DATE: 20150121
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Muhammad Arif Choksi
– and –
Muhammad Iqbal Peerani, Neelofar Peerani, Zain Peerani and Sumair Peerani
BEFORE: Justice Thomas A. Bielby
COUNSEL: Ralph Swaine, for the Plaintiff
Ray Tapar, for the Defendants
COST ENDORSEMENT
Bielby J.
DATE: January 21, 2015