Court File and Parties
Court File No.: CV-13-00471802 Motion Heard: 20190109 Superior Court of Justice - Ontario
Re: Parvin Bahadori, Plaintiff And: Elham Moaveni, Hamid Reza Safipoor (also known as Hamid Reza Safipour) and Soheil Kashani, Defendants And: Hamid Reza Safipoor (also known as Hamid Reza Safipour) and Soheil Kashani, Plaintiffs by Counterclaim And: Parvin Bahadori and Mehrdad Zamani, Defendants to the Counterclaim
Before: Master B. McAfee
Counsel: W. Cusack, Counsel for the Plaintiff and Defendants to the Counterclaim H. Michel, Counsel for the Defendant Elham Moaveni V. Kasowski, Counsel for the Defendant, Plaintiff by Counterclaim Hamid Reza Safipoor (also known as Hamid Reza Safipour) J. Bartlett, Counsel for the Defendant, Plaintiff by Counterclaim Soheil Kashani
Heard: January 9, 2019
Endorsement Re: Costs
[1] Further to my reasons for decision dated September 17, 2018 (see 2018 ONSC 5326), the remaining issue for determination is costs of the motion. All parties seek costs of the motion.
[2] While it may be appropriate in certain cases of this nature to award costs to the successful moving party or to the unsuccessful responding party, this is not such a case. I decline to exercise my discretion to award costs to any party.
[3] Notwithstanding that the plaintiff was successful on the motion, the plaintiff is being granted an indulgence. In addition, the plaintiff did not initially schedule sufficient time for the hearing of the motion, resulting in a further attendance.
[4] The defendants were not successful in opposing the motion. Having regard to my findings with respect to the relevant factors, it would not be appropriate to award costs to the unsuccessful defendants.
[5] In all of the circumstances, a fair and reasonable disposition with respect to costs is that there shall be no costs of the motion.
[6] Order to go as follows:
- There shall be no costs of the motion.
- On consent, the action shall be set down for trial on or before December 31, 2019.
___ (original signed) ____ Master B. McAfee Date: January 11, 2019