Court File and Parties

CITATION: Avision v. Trustees of the Siri Guru Singh Shaba, 2016 ONSC 6919

COURT FILE NO.: C-739-16

DATE: 2016/11/07

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Avision Construction Group Inc. - Plaintiff

AND:

Trustees of the Siri Guru Singh Shaba of Cambridge and the Bank of Nova Scotia - Defendants

BEFORE: James W. Sloan

COUNSEL: Dennis Touesnard - Counsel for the Plaintiffs (Responding Party)

Bhupinder Nagra - Counsel for the Defendants (Moving Party)

HEARD: October 13, 2016

COSTS

1. This action arises out of a construction project to build a temple in Cambridge.

2. The plaintiff was wholly successful in resisting the motion brought by the trustees.

3. The plaintiff served an offer to the effect that if the trustees withdrew their motion the plaintiff would not seek costs. The trustees did not accept this offer and proceeded with their motion.

4. The plaintiff has not supplied any information that the trustees are impecunious and even if they were had not submitted any case law to suggest that under the circumstances of this case, that impecunious city should be a factor in quantifying the costs.

5. Most importantly the solicitor for the trustees has not provided her cost outline of the cost she would have been seeking if the trustees had been successful on the motion.

6. I find the plaintiff’s claim for costs in the amount of $7,182.49 to be reasonable and therefore the trustees shall pay to the plaintiff the costs of the motion fixed in the amount of $7,182.49.

Justice James W. Sloan

Date: November 7, 2016