Court File and Parties
COURT FILE NO.: 10-49681 DATE: 20170710
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
SAFA ALMALKI, NAZIH ALMALKI, YOUSSEF ALMALKI and BASSAM KANDAR Plaintiffs/Responding Parties
– and –
ATTORNEY GENERAL OF CANADA Defendant/Moving Party
COUNSEL: Paul Champ, for the Plaintiffs/Responding Parties Elizabeth Richards and Craig Collins-Williams, for the Defendants/Moving Party
HEARD: By written submissions
DECISION ON COSTS
R. Smith J.
1The Plaintiffs seek costs of $37,307.90 on a partial indemnity basis for successfully opposing a motion for summary judgement and a Rule 21 motion to strike the claim for a breach of their s.6 Mobility Rights under the Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c.11 [the “Charter”].
2The Defendant does not dispute the amount claimed other than for the costs related to the novel issue of the allegation that the Plaintiffs’ Mobility Rights under s.6 of the Charter had been breached.
3I agree with the Defendant that the alleged breach of their s.6 Charter Mobility Rights is a novel issue; and as a result, the amount of $7,000 as the costs for this motion shall be in the cause.
Disposition
4The Defendant is ordered to pay costs of $30,000 inclusive of fees, disbursements and taxes for the summary judgment motion.
Mr. Justice Robert J. Smith
Released: July 10, 2017