SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: CV-14-3239
DATE: 20150922
RE: SHOKOOFEH YAZDANI, Plaintiff
and
BAHAREH EZZATI, ROYA ARYAIE, TUYEN THAN TRAN and VAN S. PHAM, Defendants
BEFORE: MACKENZIE J.
COUNSEL: William West, for the Plaintiff/Respondent
Richard J. Campbell, for the Defendants/Moving Parties Bahareh Ezzati and Roya Aryaie
HEARD: March 27, April 9, 2015, and written submissions April 17, 2015.
ENDORSEMENT RE: SECURITY FOR COSTS AWARD AND STAGING THE PAYMENT THEREOF
[1] By Endorsement dated August 25, 2015, I adjusted the security for costs awarded to the defendants, Ezzati and Aryaie, fixing the amount at $10,497.37. In paragraph 28 of my Endorsement dated August 5, 2015, I raised the issue as to whether the costs award should be staged and I directed the parties to make written submissions on the issue. I have in the interval received such submissions.
[2] Mr. Campbell for the defendants submits the award of costs should be paid to them in a single increment within 45 days. In response, Mr. West for the plaintiff contends that the payment of the security for costs award should be staged in three tranches, as follows:
$2,900 for the discovery process, within 60 days of this ruling;
$2,320 for the mediation process, if engaged, prior to scheduling the mediation;
the balance of the security for costs award to be paid upon the action being set down for trial.
[3] Counsel rationalizes the above schedule by stating in his written submissions:
An order which stages the payment of the security for costs award over the course of the litigation will provide the necessary protection of the defendants’ anticipated costs, while still providing the plaintiff[s] with access to justice.
[4] I accept this submission. I am persuaded that the proposed staging strikes an even hand between the interests of both sides in the action.
[5] Order to go for payment of the security for costs award in the stages and at the times set out in the plaintiffs’ submissions set out above.
MacKenzie, J.
Date: September 22, 2015
COURT FILE NO.: CV-14-3239
DATE: 20150922
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
SHOKOOFEH YAZDANI
Plaintiff
- and –
BAHAREH EZZATI, ROYA ARYAIE, TUYEN THAN TRAN and VAN S. PHAM
Defendants
ENDORSEMENT
MacKenzie J.
Released: September 22, 2015