Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Vasso Moschonissios and Panos Moschonissios, Plaintiffs
AND:
Strype Barristers LLP and Derrick Mathew Fulton, Defendants
BEFORE: Stewart J.
COUNSEL: Vasso Moschonissios and Panos Moschonissios, Self-Represented Plaintiffs
Vern Rogers for the Defendants
HEARD: In Writing
COSTS ENDORSEMENT
1In my endorsement striking out the claims of the Plaintiff Panos Moschonissios, with leave to amend, I invited the parties to provide written submissions on costs if that subject could not be agreed upon by them. I now have received and considered those submissions.
2The moving parties were successful on the motion in that the claims were struck out by order. The granting of leave to amend does not displace that general success. They now seek the amount of $4,278.75 (inclusive of disbursements and HST) as costs of the motion.
3The Plaintiff Panos Moschonissios makes the prime submission that success was divided and that, as result, each party should be responsible for its own costs.
4I am of the view that the Defendants were the successful parties on the motion and therefore should recover costs.
5When the comparative simplicity of the issues and the modest time required to argue the motion are considered, along with the other facts governing the exercise of discretion as to costs, I am of the view that a fair and reasonable amount to award the Defendants for costs of the motion is $3,000.00, inclusive of disbursements and all applicable taxes.
6An Order shall go accordingly. The $3,000.00 shall be paid by the Plaintiff Panos Moschonissios to the Defendants within 60 days of the date of this order.
Stewart J.
Date: February 11, 2016