COURT FILE NO.: 14-4139-SR
DATE: 2021 02 19
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Lexfund Inc.
Plaintiff
– and –
Lena Karyouti aka Lena Emily Kuaryouti, Chris Nicolis aka Christian Nicolis and Arvai Personal Injuries Lawyers aka Karl Arvai Professional Corporation
Defendants
Amber E. Bonnell - Counsel for the Plaintiff
Karl Arvai - Counsel for the Defendant
HEARD: February 1, 2020
COST ENDORSEMENT
THE HONOURABLE JUSTICE JAMES W. SLOAN
The initial motion before the court was twofold. One issue was whether or not the registrar’s administrative dismissal should be set aside and the other issue, if the dismissal was set aside, was whether summary judgment against Kuaryouti in an amount of approximately $363,000 should be granted.
The request for summary judgment against Kuaryouti, could have been quite devastating for the Arvai defendants because the quantum of damages would have been decided.
This made the motion moderately complex and moderately voluminous. It also brought into play issues like the rate of interest and the Consumer Protection Act.
Based on the amount involved in the summary judgment motion the Arvai defendants had to be prepared well beyond the dismissal issue.
The Arvai defendants now seek costs inclusive of moderate disbursements in the amount of $27,849.47. The plaintiff suggests that a reasonable and proportionate amount would be between $8,180 & $8,800.
While it is gratifying to know that both parties served offers to settle, those offers do not affect the issue of costs.
In its bill of costs, the Arvai defendants state that their bill is calculated on a partial indemnity basis. The court is unable to find what percentage of the defendant’s normal billing rate was used to arrive at $350 per hour. If the defendants used to 65% that would mean that their total bill based on a partial indemnity counsel fee of $22,645 would be $34,838.46 without taking into account HST or disbursements.
If this is correct the amount of their bill appears breathtaking.
After reviewing all of the filed material, I award the Arvai defendants, costs in the amount of $15,000, plus HST, plus disbursements inclusive of HST in the amount of $421.54, for total of $17,371.54. [($15,000x1.13) + $421.54]
Justice James W. Sloan
Date: February 19, 2021
Released: February 19, 2021
COURT FILE NO.: 14-4139-SR
DATE: 2021 02 19
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
LEXFUND INC.
and
LENA KARYOUTI aka LENA EMILY KUARYOUTI, CHRIS NICOLIS aka CHRISTOS NICOLIS and ARVAI PERSONAL INJURY LAWYERS aka KARL AVAI PROFESSIONAL CORPORATION
REASONS FOR JUDGMENT
J. W. Sloan
Released: February 19, 2021