Court File and Parties
Court File No.: 32529/10 Date: 2016 05 17 Superior Court of Justice – Ontario
Re: Mohammad Saleh Aminzadeh - and - Hamideh Karimian Aminzadeh
Before: Trimble J.
Counsel: Mohammad Saleh Aminzadeh, Self-represented J. Sheridan, Counsel for the Respondent
Costs Endorsement
[1]
Background
In my Endorsement of 13 April, 2016, I invited costs submissions, and set a time table.
2On 10 May, 2016, Mr. Aminzadeh brought a motion returnable in Milton, seeking an extension of time to file his costs submissions to June 1, 2016, and seeking an extension of the appeal period to that date. The motion was returnable on May 12, and was short served.
3On 12 May, Gibson, J. deferred the question of extension of time for filing costs submissions to me, and held that he had no jurisdiction to extend dates for filing a Notice of Appeal from my decision of 13 April, 2016.
4Mr. Aminzadeh filed his costs submissions on 13 May, 2016. His request for an extension of time, therefore, is moot.
[5]
Positions of the Parties
Mr. Aminzadeh says that he should pay $1,000 to $1,500 in costs, all inclusive, but be given 6 months to pay them. Mrs. Aminzadey seeks $9,000, representing only the full amount of her solicitor client bill for representation for the Motion before he.
[6]
Analysis and Decision
Mr. Aminzadeh shall pay to Mrs. Aminzadeh costs of $9,000, all inclusive, as requested. This amount reflects a substantial indemnity award. Such an award is reasonable given that I found that Mr. Aminzadeh’s production was imcomplete, edited and often illegible (para. 10 of my Endorsement), that he has not complied fully with 5 orders to produce (para. 12), that his evasiveness before me about production was intentional and that he lived a lifestyle far in excess of his claimed income (para. 14).
Trimble J.
Date: May 17 , 2016 Released: May 17, 2016