Court File and Parties

COURT FILE NO.: C-403-13

DATE: 2021-04-13

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Manish Gupta, 2357939 Ontario Inc., and EB Investments Inc.

Plaintiffs

– and –

2075750 Ontario Inc. and Re/Max Realty Inc.

Defendants

Counsel:

Michael A. van Bodegom & Thomas E. Sanderson - Counsel for the Plaintiffs, Gupta and 2357939 Ontario Inc.

Michael B. Lesage – Counsel for EB Investments and non-party, Ashywn Singh

John J. Adair and Chris Grisdale - Counsel for the Defendant 2075750 Ontario Inc.

Before: The Honourable Justice James W. Sloan

COSTS

[1] 207 requests its costs on a substantial indemnity basis in the amount of $54,803.89, or alternatively on a partial indemnity basis in the amount of $37,307.43.

[2] Along with the case law it quoted, 207 drew the court’s attention to rule 57.01 and the improper and vexatious conduct of the responding parties.

[3] Gupta and Singh both submit that the court should try to apportion whatever costs the court awards between them, because they were independently involved in only part of the motion. They argue that while Gupta was interested in the deposit, Singh was only interested in the issue of his personal liability.

[4] Singh submits that 207 could have dealt with the deposit issue back in 2019, however that issue has already been ruled on by the court in its March 15, 2021, Judgment at paragraphs 145 and 146.

[5] Both Gupta and Singh appear to be more or less equally responsible for the situation in which they find themselves, and the court has already ruled, that because of their conduct they should be jointly and severally liable for costs.

[6] Based on the findings of the court with respect to the outrageous conduct of the responding parties, nothing less than substantial indemnity costs would be appropriate.

[7] However, the behaviour of Mr. Takawy on January 13, 2021, which was designed specifically to frustrate his examination, is also deserving of sanction and “what is good for the goose is good for the gander”.

[8] Therefore, while I would have been prepared to award 207 its substantial indemnity costs in the amount of $54,803.89, because of Takawy’s behaviour as outlined above, I reduce that award by $15,000.

[9] Therefore, I award costs in the amount of $39,803.89 ($54,803.89 -$15,000) to 207, on the basis set out in my previous court order, that is against the plaintiffs and Ashwin Singh, on a joint and several basis.

Justice James W. Sloan

Released: April 13, 2021