Court File and Parties

CITATION: Ashareh v. Palmira, 2016 ONSC 6692

COURT FILE NO.: CV-13-473192

DATE: 20161027

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] 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.

[2] The 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.

[3] The 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] 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.

[5] Considering 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