Court File and Parties

Court File No.: CV-17-570187 Motion Heard: 2019 01 09

Superior Court of Justice - Ontario

Re: Kenneth James v. Anna Chedli and Anna Chedli as Estate Trustee with a will of the Estate of Amdouni Chedli aka Dennis Chedli

Before: Master R.A. Muir

Counsel: Patrick Bakos for the plaintiff Aaron Hershtal for the defendants

Supplementary Reasons for Decision - Costs

[1] These supplementary reasons for decision are in relation to a motion brought by the plaintiff pursuant to Rule 39.02(2) of the Rules of Civil Procedure, RRO 1990, Reg. 194 (the “Rules”). The plaintiff sought leave of the court to file additional affidavit evidence and to conduct examinations pursuant to Rule 39.03 after having conducted cross-examinations on a pending motion for summary judgment.

[2] I released my reasons for decision on January 10, 2019. I granted part of the relief requested by the plaintiff. The plaintiff was initially seeking leave to provide evidence from approximately 15 additional witnesses. This number was reduced to nine by the time the motion was argued. The plaintiff then suggested in his reply argument that three witnesses would be sufficient. I ordered that the plaintiff be granted leave to deliver evidence from no more than three additional witnesses.

[3] I also requested written costs submissions. I have now received and considered those submissions. The plaintiff seeks costs in the amount of $4,500.00. The defendants submit that no costs should be ordered.

[4] In my view, success has been divided on this motion. The plaintiff did not obtain the order it requested on this motion. The plaintiff was insisting on at least nine additional witnesses until the very last possible moment. The result the plaintiff obtained is not reflective of the basis on which the motion was presented and argued.

[5] Given the divided success, there will be no order for the costs of this motion, including the attendance before me on November 20, 2018.

Master R.A. Muir

Date: 2019 02 22