COURT FILE NO.: DC-16-17-00 ML
DATE: 2016-07-28
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: HARJINDER BASSI and PARMJIT BASSI v. PAUL VIRINDER CHOWDHRY, SONIA CHOWDHRY, NIRMAL CHOWDHRY and HOPE MARION CHOWDHRY-BHAGRATH
BEFORE: Van Melle J
COUNSEL: Y.S. CHHINA, for the Plaintiffs H. ROSENBERG, for the Defendants
HEARD: In writing
ENDORSEMENT RE COSTS
[1] The plaintiffs, Harjinder Bass and Parmjit Bassi, sought leave to appeal the February 1, 2016 order of Lemon, J. who discharged a Certificate of Pending Litigation and set aside an interim injunction put in place by LeMay, J. on June 16, 2015.
[2] I found that none of the tests required for leave to appeal had been met by the plaintiffs and the plaintiffs’ motion for leave to appeal was therefore dismissed.
[3] I invited the parties to make written submissions on the issue of costs. The defendants were successful on the motion. They seek an award of costs on a partial indemnity basis, in the amount of $3,852.87 all-inclusive payable within 30 days.
[4] The plaintiffs submit that the amount claimed for costs is excessive and submit that costs should be $1,500 and payable in the cause.
[5] I have reviewed the defendants’ costs outline and find the amount claimed to be reasonable having regard to the issues argued and the result achieved. An order will issue that the plaintiffs pay to the defendants costs fixed at $3,852.87 payable within 30 days.
Van Melle, J DATE: July 28, 2016