COURT FILE NO.: FS-17-104 FS-18-043 CV-16-5319
DATE: 20190123
SUPERIOR COURT OF JUSTICE – ONTARIO
RE:
FS-17-104
Surujdai Persaud, Applicant
AND:
Mansaram Mohabir, Respondent
RE:
FS-18-043
Surujdai Persaud, Applicant
AND:
Mansaram Mohabir, Respondent
AND RE:
CV-16-5319
(Application)
Chemtech Water Technologies Ltd., Applicant
AND:
Persaud, Surujdai and Luciano Iatomasi, Respondents
(Counter-Application)
Surujdai Persaud, Applicant
AND:
Chemtech Water Technologies Ltd. and Mansaram Mohabir
BEFORE: Ricchetti, J.
COUNSEL: John Russo for Mansaram Mohabir in CV-16-5319
M. Uppal for Mansaram Mohabir in the Family Law proceedings
M. Mattis and L. Seetahal for Surujdai Persaud
HEARD: Chambers
COST ENDORSEMENT
[1] Written cost submissions were received from the parties. Reasons were released on the motions on December 21, 2018.
Mohabir’s Position
[2] Mohabir seeks substantial or full indemnity costs. On a substantial indemnity basis:
$24,817.63 of FS-18-43
$29,776.61 on CV-16-5319
Total $54,594.24 all inclusive
Persaud’s Position
[3] Persaud submits that costs should be awarded on a partial indemnity basis as follows:
$18,919.16 on CV-16-5319
$14,626.44 on FS-18-43
Total $33,545.60 all inclusive
Scale of Costs
[4] Persaud was not successful in any relief she sought in her motions of November 26, 2018 or December 3, 2018.
[5] On the other hand, Mohabir was successful on the primary issues argued: misappropriation of funds by Persaud, CPL on the Chemtech Property and exclusive possession of the Home.
[6] In addition, the evidence disclosed that Persaud had misappropriated funds from Chemtech contrary to a consent order she had agreed to. Persaud also attempted to cover up this misappropriation. This conduct by Persaud was the primary precipitant of the motions. This conduct by Persaud deserves sanctioning by the court.
[7] I am satisfied that costs be awarded on a substantial indemnity basis.
Quantum of Costs
[8] I reject that the costs of this matter be reduced by 50% to take into account such matters as Mohabir being unsuccessful on some claims of relief. Mohabir was substantially successful on this matter. Persaud was not. Further, the claims which Mohabir was successful were the primary issues in dispute at the motion.
FS-18-43,
[9] I see no basis to interfere with the amount of $24,817.63 (all inclusive) claimed by Mohabir. It is approximately $6,000 more than the partial indemnity amount Persaud considers is a reasonable amount for the costs of the motion.
[10] Further, no specific item claimed is objected to by Persaud. To the contrary, Persaud appears to accept the quantum of costs claimed on a full indemnity basis and applied the 50% reduction claimed.
[11] The amount of $24,817.63 is a reasonable amount for costs on a substantial indemnity basis.
[12] Costs shall be payable by Persaud to Mohabir in the amount of $24,817.63, all inclusive, forthwith.
CV-16-5319
[13] Again, Persaud appears to accept the full indemnity amount claimed by Mohabir and then applied a 50% reduction. As I stated above, this is not accepted by the court as a proper or reasonable approach and fails to recognize that Mohabir was the substantially successful party on these motions.
[14] The real issue is what is a reasonable and appropriate amount to order on a substantial indemnity basis? If you start with the amount of $35,112.21 as reasonable full indemnity costs, then 80% would be $29,443.41 (as per the Bill of Costs).
[15] I see no basis to reduce this amount.
[16] The question is now who should this amount be paid to. The difficulty is that the court does not have sufficient information to deal with this issue directly. Mr. Russo initially acted only for Chemtech. Mohabir was added to this action. Mr. Russo attended on the motion on behalf of both Chemtech and Mohabir.
[17] The costs payable in this proceeding by Persaud should be paid to Mr. Russo, in trust (Chemtech and Mohabir) in the same proportion that either or both of these clients have paid Mr. Russo’s accounts in connection with these motions. If there is a dispute regarding this, I may be spoken to.
[18] Persaud shall pay to Mr. Russo, in trust for Chemtech and Mohabir, the sum of $29,443.41 forthwith.
Ricchetti, J.
Date: January 23, 2019
COURT FILE NO.: FS-17-104
FS-18-043
CV-16-5319
DATE: 20190123
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
RE: FS-17-104 Surujdai Persaud, Applicant
AND: Mansaram Mohabir, Respondent
RE: FS-18-043 Surujdai Persaud, Applicant
AND: Mansaram Mohabir, Respondent
AND RE: CV-16-5319 (Application) Chemtech Water Technologies Ltd., Applicant AND: Persaud, Surujdai and Luciano Iatomasi, Respondents (Counter-Application) Surujdai Persaud, Applicant AND: Chemtech Water Technologies Ltd. and Mansaram Mohabir
ENDORSEMENT
Ricchetti J.
Released: January 23, 2019