Court File and Parties

COURT FILE NO.: CV-19-629127

DATE: 2020-09-09

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Karoline Untener Kisti, Plaintiff

AND:

Anna Salena Kisti, Defendant

BEFORE: Schabas J.

COUNSEL: Alexander Wilkes, Counsel for the Defendant/Moving Party

HEARD: In writing

ENDORSEMENT

[1] In Reasons released on August 5, 2020, I granted the defendant’s motion to set aside a Mareva injunction and dismissed a motion for security for costs: Kisti v. Kisti, 2020 ONSC 4706. I requested written submissions on costs from the defendant within 14 days, which I received on August 11, 2020. The plaintiff has not responded. In addition, I have received a draft order from counsel for the defendant as he has been unable to obtain consent from the plaintiff to the form of the order.

[2] With respect to costs, the defendant seeks just over $25,000 on a partial indemnity scale. However, the costs outline includes matters such as client meetings and assisting client with banking issues, which would not ordinarily be included. Further, this was a straightforward motion, without cross-examinations, and does not warrant such a large award.

[3] Having regard to the overriding principle of reasonableness, the need to balance proportionality and access to justice, the factors in Rule 57.01, and the need to fix an amount that the unsuccessful party ought reasonably to have expected to pay, I fix costs at $15,000, inclusive of disbursements and taxes.

[4] Turning to the draft order, counsel has provided me with a draft which I have revised and signed and attach to this endorsement.

Schabas J.

Date: 2020-09-09