Endorsement

COURT FILE NO.: CV-12-464538

DATE: 20150821

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MICHAEL MIKHAIL, MARY MIKHAIL, and ADLY MIKHAIL,

Plaintiffs/Responding Parties

AND:

DOWNSVIEW CHRYSLER PLYMOUTH LIMITED (1964) LTD., PETER KEPIC, CARLOS BAPTISTA, OXFORD DODGE CHRYSLER JEEP (1992) LTD., and JAMES BENNETT, Defendants/Moving Parties

BEFORE: STEWART J.

COUNSEL:
Michael Mikhail, Plaintiff, Appearing in Person

Ali A. Chahbar, for the Defendants/Moving Parties

Oxford Dodge Chrysler Jeep (1992) Ltd. and James Bennett

HEARD: In Writing

ENDORSEMENT

[1] In my decision of April 17, 2015 on this summary judgment motion which resulted in the dismissal of the action against the moving parties, I invited submission by the parties of written arguments as to costs if that subject could not be agreed upon by them. I now have received and considered those submissions after having given the Plaintiffs some additional time to make supplementary submissions if they so chose.

[2] The successful moving parties seek costs of the motion and the action on a substantial indemnity basis in the amount of approximately $46,000.00, inclusive of disbursements and taxes.

[3] The Plaintiffs, although self-represented and completely unsuccessful in the result, also seek costs.

[4] Among the several arguments advanced by the moving parties in support of recovery on this basis is their offer to settle the claim for a payment of $7,000.00.

[5] There is no good reason in this case to depart from the usual approach that the successful parties should recover costs. When all factors relevant to costs are taken into account including the amount of the claim, the reasonable expectations of the parties and the overriding principle of proportionality, I consider a fair and just amount to award to the moving parties for their costs is $20,000.00, inclusive of disbursements and taxes. Order to go accordingly.

STEWART J.

Date: August 21, 2015