Court File and Parties

COURT FILE NO.: 599/15 DATE: 20160503 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: BEARD WINTER LLP, Plaintiff/Responding Party AND: KERSASP SHEKHDAR, Defendant/Moving Party

BEFORE: H. Sachs J.

COUNSEL: Kersasp Shekhdar, on his own behalf Gavin J. Tighe and Rob L. Winterstein, for the Plaintiff/Responding Party

HEARD at Toronto: In Writing

Endorsement

[1] This is a motion for leave to appeal the decision of McEwen J. dismissing the Moving Party’s motion for costs in the within action. The basis of the motion judge’s decision is that the issue of the Moving Party’s entitlement to costs had already been determined by Master Short’s decision of December 31, 2014, which decision was upheld on appeal to the Divisional Court by Harvison Young J.

[2] The Moving Party has not established that there is any reason to doubt the correctness of the motion judge’s decision or that there are any conflicting decisions of another judge or court in Ontario or elsewhere. Further, the issues on the proposed appeal do not go beyond the interests of the immediate parties. Thus, the Moving Party has failed to meet either branch of the test for leave to appeal under Rule 62.02(4) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

[3] For these reasons, the motion for leave to appeal is dismissed.

[4] While I agree with the Responding Party that this motion “was ill-founded and ought never to have been brought”, I decline to make an award of substantial indemnity costs. I do agree, however, that the Responding Party is entitled to its costs of this motion on a partial indemnity basis. I fix those costs at $3000.00, all inclusive.

H. SACHS J. Date: 20160503