Court File and Parties

CITATION: Ali Naimi-Ezami v. Mostafa Naimi-Ezami, 2016 ONSC 1057

COURT FILE NO.: CV-12-448102

DATE: 20160212

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Ali Naimi-Ezami and 1667947 Ontario Inc., Plaintiffs

AND:

Mostafa Naimi-Ezami, Defendant

BEFORE: Stewart J.

COUNSEL: Scott A. Rosen for the Plaintiffs

Carla Manias and Bernard Gasee, for the Defendant

HEARD: In Writing

costs ENDORSEMENT

[1] In my reasons for judgment delivered on October 20, 2015 following the trial of this action, I invited counsel for the parties to deliver written submissions on costs if that subject could not be agreed upon by them.

[2] Subsequently, counsel attended before the Registrar and before me to settle the Judgment. Additional costs are being sought with respect to that aspect of the proceedings.

[3] I now have received and considered written submissions on costs from the Plaintiffs and the Defendant.

[4] The Plaintiffs were entirely successful in the action and obtained the remedy they were requesting after close to a week-long trial. Costs are sought by the Plaintiffs in the amount of $46,895.40 on a partial indemnity basis.

[5] The Plaintiffs further seek an additional $1500.00 for the costs of attendance before the Registrar and before me to finalize and obtain signature of the Judgment.

[6] Counsel for the Plaintiffs has provided a detailed Bill of Costs with particulars of time spent at mediation, examinations for discovery and preparation for and attendance at trial.

[7] The Defendant submits that there should be no award of costs to the Plaintiffs. They argue that the action was necessary as a result of the Plaintiffs’ failure to clearly indicate their intention when a half-interest in property at 121 Finch Avenue was transferred to the Defendant. The Defendant argues that the conflict could have been avoided if that intention had been made clearer or recorded in writing.

[8] In the alternative, the Defendant submits that the amount sought by the Plaintiffs is excessive.

[9] In support of that position, they have tendered a Bill of Costs prepared by counsel for the Defendant, indicating a total for fees and disbursements of $21,242.00, a ? which is suggested as being more fair and reasonable.

[10] No offers to settle delivered by any party were referred to in submissions.

[11] The action involved entitlement to ownership of an evidently valuable piece of real estate in the City of Toronto, as a result of its development potential. The issues in the action were of obviously great importance to the parties.

[12] When the scope of engagement for Plaintiffs’ counsel is considered, along with the length of trial and the nature and complexity of legal issues raised and argued, along with the other factors affecting an award of costs, I consider that a fair and reasonable amount to award to the Plaintiffs for costs is $37, 500.00, inclusive of interest and costs.

[13] This amount takes into account the attendances required to settle the judgment.

Stewart J.

Date: February 12, 2016