COURT FILE NO.: CV-16-566248-00CP
DATE: 20190924
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
NATALIA KARASIK, RAHUL SURYAWANSHI, DAVID BRUNI, and ELIE CHAMI
Plaintiffs
- and -
YAHOO! INC. and YAHOO! CANADA CO.
Defendants
Tina Q. Yang, for the Plaintiffs
Michael Beeforth and Dennis Wong, for the Defendants
Proceeding under the Class Proceedings Act, 1992
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] Pursuant to the Class Proceedings Act, 1992,[^1] Natalia Karasik, Rahul Suryawanshi, David Bruni and Elie Chami sue Yahoo! Inc. and Yahoo! Canada Co. (collectively “Yahoo!”) for damages arising from a data breach. In their proposed class proceeding, they brought a motion for the production of documents from Yahoo!. By the time the motion was argued, there was only one production request outstanding. I dismissed the motion.[^2]
[2] Yahoo! seeks partial indemnity costs of $9,281.82, which is comprised of: (a) $8,180.40 for fees; (b) $1063.45 for HST; and (c) $37.97 for disbursements.
[3] The Plaintiffs submit that success was substantially divided on the motion, since they had been successful in obtaining the majority of the relief requested in their notice of motion. They submit that there ought to be set-off from any costs awarded to Yahoo! with the result of no costs being awarded.
[4] In the alternative, the Plaintiffs submit that given the divided success on the motion, a costs award of $2,500, all-inclusive, to Yahoo! would be appropriate in the circumstances.
[5] In a further alternative, the Plaintiffs submit that $9,243.85 in fees is beyond their reasonable expectations and that legal fees in the range of $5,000, on a partial indemnity basis, is the appropriate award.
[6] I agree with the Plaintiffs’ last alternative submission, and I award Yahoo! $5,000 all inclusive.
Perell, J.
Released: September 24, 2019
COURT FILE NO.: CV-16-566248-00CP
DATE: 20190924
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
NATALIA KARASIK, RAHUL SURYAWANSHI, DAVID BRUNI, and ELIE CHAMI
Plaintiffs
- and -
YAHOO! INC. and YAHOO! CANADA CO.
Defendants
REASONS FOR DECISION - COSTS
PERELL J.
Released: September 24, 2019
[^1]: S.O. 1992, c. 6. [^2]: Karasik v. Yahoo Inc., 2019 ONSC 4670