CITATION: 6443923 Canada Inc. v. Panahi, 2017 ONSC 4489
COURT FILE NO.: CV-09-46136 & CV-09-46135
DATE: 2017/07/25
SUPERIOR COURT OF JUSTICE-ONTARIO
RE: 6443923 CANADA INC. c.o.b. as ZESTY MARKET, Plaintiff
AND:
FARZAD PANAHI & YASHAR KABLOU, Defendants
BEFORE: Mr. Justice Calum MacLeod
COUNSEL: Eric Lay, for the Plaintiff
Ian McBride for the Defendants
HEARD: In Writing
ENDORSEMENT
[1] This is the disposition of the costs of the summary judgment motion and the each of the actions as a consequence of dismissal.
[2] I must decide the scale and quantum of the summary judgment motion. Similarly I must decide the scale and quantum of costs of the actions.
[3] There were two identical actions, 09-46135 and 09-46136. The same award is appropriate in each action or to put it another way, the costs should be apportioned equally. Mr. Ali Karimi is personally liable for these costs pursuant to a consent order of May 7th, 2015.
[4] I am of the view that substantial indemnity costs are appropriate. That is not the same as full indemnity. Substantial indemnity is defined as one third more than partial indemnity. Even when substantial indemnity is ordered, the court must ensure the award balances the principle of indemnity with the principle of reasonableness and proportionality.
[5] The plaintiff is to pay each defendant the sum of $7,000.00 for the summary judgment motion and is to pay $18,000.00 for costs of the action. That is $25,000.00 to each of the defendants.
Mr. Justice Calum MacLeod
Released: July 25th 2017
CITATION: 6443923 Canada Inc. v. Panahi, 2017 ONSC 4489
COURT FILE NO.: CV-09-46136 & CV-09-46135
DATE: 2017/07/25
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: 6443923 CANADA INC c.o.b. as ZESTY MARKET, Plaintiff
AND
FARZAD PANAHI & YASHAR KABLOU, Defendants
BEFORE: Mr. Justice Calum MacLeod
COUNSEL: Eric Lay, for the Plaintiff
Ian McBride, for the Defendants
ENDORSEMENT
Mr. Justice Calum MacLeod
Released: July 25th 2017