Court File and Parties

COURT FILE NO.: 57655/17 DATE: 2018/10/31

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

620369 Ontario Inc. c.o.b. as Herman’s Building Centres Plaintiff – and – Anthony El Badry, Hanan El Badry and Ottawa Permanent Roofing Inc. Defendants

Rachel Goerz, for the Plaintiff Christopher Moore, for the Defendant Hanan El Badry Anthony El Badry and Ottawa Permanent Roofing Inc. not appearing

The Honourable justice j. r. henderson

COSTS ENDORSEMENT

Costs Endorsement

[1] This was a one day motion brought by Hanan El Badry (“Hanan”) to set aside a default judgment dated November 23, 2017 (“the Judgment”) that was obtained by the plaintiff (“HBC”). HBC successfully opposed Hanan’s motion, and therefore HBC is prima facie entitled to its costs of the motion.

[2] I accept that the results of the motion were important to the parties, but I find that there was nothing unusual or complex about the motion. Further, there is no reason to award costs on a substantial indemnity scale. Accordingly, HBC is entitled to its costs on partial indemnity scale.

[3] The costs outline submitted by HBC incorrectly includes costs and disbursements that are associated with the bankruptcy proceedings in Ottawa, and HBC’s attempts to enforce the Judgment. These costs and disbursements are not matters over which I have jurisdiction.

[4] Given that this was a one day motion and considering that the parties had previously appeared in motions court for a contested adjournment, I am prepared to award partial indemnity costs fixed at $5,000, all inclusive.

[5] Therefore, it is ordered that Hanan shall pay to HBC its costs of this motion fixed at $5,000, all inclusive, payable within 30 days.

J. R. Henderson J.

Released: October 31, 2018

Additional Information

COURT FILE NO.: 57655/17 DATE: 2018/10/31

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN: 620369 Ontario Inc. c.o.b. as Herman’s Building Centres Plaintiff – and – Anthony El Badry, Hanan El Badry and Ottawa Permanent Roofing Inc. Defendants

COSTS DECISION J. R. Henderson J.

Released: October 31, 2018