Court File and Parties
COURT FILE NO.: CV-18-00594788
MOTION HEARD: 20190201
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Jade Elizabeth Thelwell aka “Jade Naraine”, Plaintiff
AND:
Andrei Korottchenko, Defendant
BEFORE: Master B. McAfee
COUNSEL: Jade Elizabeth Thelwell, In Person, Plaintiff Andrei Korottchenko, In Person, Defendant Alex Alton, Counsel for the Proposed Defendant Michael Elaschuk
HEARD: February 1, 2019
REASONS FOR DECISION
[1] Further to my endorsement dated January 17, 2019, the parties and counsel for the proposed defendant Michael Elaschuk (the proposed defendant) appeared before me on February 1, 2019. As set out in my endorsement dated January 17, 2019, the purpose of the attendance on February 1, 2019, was the timetabling and scheduling of the return of the plaintiff’s motion for leave to amend the statement of claim.
[2] The plaintiff now wishes to abandon and withdraw this motion. The only issue remaining with respect to this motion is the request for costs of this motion by the defendant and the proposed defendant.
[3] The defendant and the proposed defendant each seek costs of the motion in the amount of $1,000.00.
[4] I am satisfied that the proposed defendant is entitled to some costs of the motion. The proposed defendant retained counsel who attended on January 17, 2019, to request an adjournment. The plaintiff contested the adjournment. The adjournment was granted. A second attendance took place on February 1, 2019. While the proposed defendant did not deliver responding material to date, counsel for the proposed defendant was required to review the plaintiff’s motion material. In my view the all-inclusive sum of $750.00 is a fair and reasonable amount that the plaintiff could expect to pay for the proposed defendant’s costs of the motion.
[5] I am also satisfied that the defendant is entitled to some cost of the motion. The defendant is self-represented and is a lawyer. The defendant attended on January 17, 2019, but was late to court that day because the return date was not available to him. The defendant also attended on February 1, 2019. The defendant did not deliver responding material but was required to review the plaintiff’s motion material. In my view the all-inclusive sum of $500.00 is a fair and reasonable amount that the plaintiff could expect to pay for the defendant’s costs of the motion.
[6] Order to go as follows:
The plaintiff’s motion is abandoned and withdrawn.
Costs of the plaintiff’s motion are fixed in the all-inclusive amount of $750.00 payable by the plaintiff to the proposed defendant Elaschuk and fixed in the further all-inclusive amount of $500.00 payable by the plaintiff to the defendant, all payable within 30 days.
Master B. McAfee
Date: February 4, 2019