Court File and Parties
CITATION: Yami Talk Catering Management Ltd. v. 2309603 Ontario Inc., 2017 ONSC 2007
COURT FILE NO.: CV-16-552289
DATE: 20170330
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
YAMI TALK CATERING MANAGEMENT LTD. and CHENBEIN ZHONG
Plaintiffs
– and –
2309603 ONTARIO INC., PASOFINA CANADA CORPORATION and ZAHID NASEER
Defendants
Counsel:
Shane E. Kazushner for the Plaintiffs
Chandaral Hanapangoda for the Defendants
HEARD: In writing
REASONS FOR DECISION - COSTS
PERELL, J.
[1] The Plaintiffs, Yami Talk Catering Management Ltd. (“the Tenant”) and Chenbein Zhong, sued 2309603 Ontario Inc. (“the Landlord”) and Pasofina Canada Corporation, and their owner, Zahid Naseer, for breach of contract, misrepresentation, conversion, and unjust enrichment with respect to an Agreement to Lease a commercial condominium unit. The Plaintiffs successfully brought a motion for a summary judgment against the Landlord and were awarded $69,897.78 plus pre-judgment interest from the date of the commencement of the action at the statutory rate. I dismissed the Plaintiffs’ action against the Defendants Pasofina Canada Corporation and Mr. Naseer without costs. I dismissed the Defendants’ counterclaim without costs. See Yami Talk Catering Management Ltd. v. 2309603 Ontario Inc., 2017 ONSC 1352.
[2] The Plaintiffs claim costs of $42,587.71, all inclusive, on a partial indemnity scale. (On a substantial indemnity scale the costs were $58,678.92.)
[3] Without suggesting an award other than the costs award should be nominal in the circumstances of this case, the Landlord submits that the costs claim is unreasonable in light of the discretionary factors set out in rule 57.01 (1).
[4] I disagree. The Plaintiffs were successful and although they did not win every contested point, this is typical of litigation and the normal rule is that costs follow the outcome and, in the case at bar, the Plaintiffs achieved substantial success.
[5] There is little, if anything, to substantiate the Landlord’s objection that the costs incurred were unnecessary or redundant or excessive or inefficient.
[6] There is, however, some traction to the Landlord’s argument that the costs are beyond the reasonable expectations of the losing party, although the Landlord’s suggestion that the losing party’s reasonable expectations would have been exposure to only a modest award has no merit.
[7] In all the circumstances of the case, in my opinion, the appropriate award of costs is $40,000, all inclusive.
Perell, J.
Released: March 30, 2017
CITATION: Yami Talk Catering Management Ltd. v. 2309603 Ontario Inc., 2017 ONSC 2007
COURT FILE NO.: CV-16-552289
DATE: 20170330
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
YAMI TALK CATERING MANAGEMENT LTD. and CHENBEIN ZHONG
Plaintiffs
– and –
2309603 ONTARIO INC., PASOFINA CANADA CORPORATION and ZAHID NASEER
Defendants
REASONS FOR DECISION - COSTS
PERELL J.
Released: March 30, 2017