Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Mohamed Awad Ashareh, Plaintiff
AND:
Palmira PDC Corporation, Defendant
BEFORE: Stewart J.
COUNSEL: Elizabeth Roberts for the Plaintiff
Douglas Christie, for the Defendant
HEARD: In Writing
ENDORSEMENT
[1]
Costs
In my endorsement of July 8, 2016, I invited the parties to deliver submissions in writing on costs if that subject could not be agreed upon by them. I now have received and considered those submissions.
2The Defendant was successful in resisting this motion for summary judgment. It seeks costs of the motion in the amount of $25,526.00 and also asks that those costs be paid personally by counsel for the Plaintiff.
3The Plaintiff submits that the amount sought is excessive in all of the circumstances, and that this is not a case for the making of any costs award against his counsel. The Plaintiff argues that the appropriate order is that there should be no costs.
[4]
Analysis and Disposition
The successful Defendant, in my view, should recover an award of costs. However, I agree with the Plaintiff that the amount sought is disproportionate to the issue raised and time incurred in dealing with it. Further, I am not persuaded that the circumstances warrant an order that costs be paid personally by the Plaintiff’s solicitor.
5Considering the factors affecting costs, the reasonably straightforward nature of the issue, the limited materials required to be filed and time spent attending on the motion to argue it, I am of the view that an appropriate, fair and reasonable amount to award the Defendant as costs of the motion is $3500.00, inclusive of all disbursements and applicable taxes. The Plaintiff shall pay that amount to the Defendant within 30 days of today’s date.
Stewart J.
Date: October 27, 2016