Court File and Parties
Citation: Y.S. Group Canada Ltd v. Khan, 2016 ONSC 7612 Court File No.: CV-14-509907 Date: 2016-12-07 Superior Court of Justice - Ontario
Re: Y.S. Group Canada Ltd., Plaintiff And: Muhammad Aslam Khan and MAK Law Office Professional Corporation, Defendants
And Re: MAK Law Office Professional Corporation, Plaintiff by Counterclaim And: Y.S. Group Canada Ltd, Mark Zwegers and Owens Wright LLP, Defendants by Counterclaim
Before: Pollak J.
Counsel: Harvey Dorsey, for the Plaintiff Syed Hussain, for the Defendant MAK Law Office Professional Corporation Muhammad Khan, self-represented Defendant
Heard: January 14, 2016, February 26, 2016, May 26, 2016, July 22, 2016
Costs Endorsement
[1] I have had the opportunity to review the extensive submissions on costs by both parties. The moving party Plaintiffs, Y.S. Group Canada Ltd., were unsuccessful on this motion for summary judgment. The successful Defendants, Muhammad Aslam Khan and MAK Law Office Professional Corporation, request costs of the motion on a substantial indemnity basis by reason of the alleged unreasonable conduct of the Plaintiffs in bringing this motion.
[2] I do not agree with the submissions of the Defendants that the Plaintiffs conduct in the bringing of this motion justifies an award of costs on a substantial indemnity basis.
[3] In making this cost award the court must take into consideration the provisions of the Rules and of the findings of the court in the Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (C.A.) case which are that this court must make a cost award which is fair and just and reasonable in all of the circumstances.
[4] When I take into consideration all of the circumstances surrounding this motion for summary judgment, I find that it is reasonable and just in this case to award costs to the successful Defendants on a partial indemnity basis in the amount of $43,777.33 to be paid by the Plaintiff to the Defendants.
Pollak J.
Date: December 7, 2016