COURT FILE AND PARTIES

COURT FILE NO.: CV-14-3239
DATE: 2015 11 20

SUPERIOR COURT OF JUSTICE - ONTARIO

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: COSTS OF SECURITY FOR COSTS MOTION

[1] I have received the written submissions of both counsel as to costs of the defendants’ motion for security for costs.

[2] By Endorsement dated August 25, 2015, I awarded the defendants $10,497.37 for security for costs. By a subsequent Endorsement dated September 22, 2015, I provided for the payment of such amount to be staged in three tranches on the terms set out in that Endorsement.

[3] I have also received the written submissions of both parties as to the costs arising from the defendants’ motion. Counsel for the defendants who succeeded in their motion contends that the court should award the defendants costs in the amount of $3,500. The Costs Outline filed by counsel for the defendants shows fees on a Partial Indemnity basis of $2,160 and on a “charged rate” of $2,880. The Costs Outline sets out disbursements of $127.

[4] In response, counsel for the plaintiff submits each party should bear their own costs; in the alternative, counsel contends the defendants should only receive a “nominal” award of costs.

[5] The defendants’ position is that they were wholly successful and points out that the full hearing of the motion required three separate appearances and this situation developed in part by the failure of counsel for the plaintiff in raising the issue of the Litigation Risk insurance policy but only providing a copy of the same on the direction of the court at a subsequent appearance.

[6] The plaintiff’s position on this aspect is that the impact of Litigation Risk insurance in the context of a security for costs motion is a relatively novel question, in respect of which there is little, if any, case law. Further, regardless of this point, the case law on the test for security for costs is relatively settled and the time attributed by counsel for the defendants in researching the issue was excessive.

[7] I have considered the above submissions having due regard to s. 131(1) of the Courts of Justice Act and r. 5.01(1) of the Rules of Civil Procedure, I make an award of costs on a Partial Indemnity basis to the defendants in the amount of $2,400, all-inclusive. Such amount shall be payable forthwith by the plaintiff to the defendants.

MacKenzie, J.

Date: November 20, 2015

COURT FILE NO.: CV-14-3239

DATE: 2015 11 20

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: November 20, 2015