Court File and Parties
COURT FILE NO.: CV-19-00620260
DATE: 20210422
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
DECO HOMES (RICHMOND HILL) INC.
Plaintiff
- and -
ANTON O. SERIKOV and VIKTORIIA NAGIIEVA
Defendants
Counsel:
Emilio Bisceglia for the Plaintiff.
Anton O. Serikov self-represented for himself and the Defendant Viktoriia Nagiieva.
HEARD: In writing
REASONS FOR DECISION - COSTS
PERELL, J.
[1] This is a costs decision after a summary judgment motion.
[2] The plaintiff Deco Homes (Richmond Hill) Inc. brought a successful summary judgment motion against the Defendants Anton Serikov and Viktoria Nagiieva. It sought a summary judgment of $215,459.46 plus costs. I granted Deco Homes a judgment for $154,164.26 plus post-judgment interest and costs.[^1]
[3] Deco Homes requests its costs on a partial indemnity basis of $20,427.68.
[4] Mr. Serikov and Ms. Nagiieva submit that there should no order for costs because there was divided success on the summary judgment motion. However, the fact that a plaintiff does not obtain all that it claimed does not mean that there has been divided success on the motion. Deco Homes was the successful party on the summary judgment motion, and it is entitled to its costs in accordance with the normal principles that guide a court in its discretion with respect to costs.
[5] As an alternative submission, Mr. Serikov and Ms. Nagiieva submit that Deco Homes’ Bill of Costs is excessive and unreasonable and beyond their reasonable expectations as the unsuccessful party on the motion. They submit that the claimed costs should be reduced by $7,970.01.
[6] Having reviewed Deco Homes’ Bill of Costs, in my opinion, the award of costs should be modestly reduced to $19,250.
[7] In this regard, I observe that the Defendants’ reliance on Rule 39.02 (4), with respect to the costs of cross-examinations as a ground for reducing the costs, was mistaken. The rule does not apply to summary judgment motions.
Perell, J.
Released: April 22, 2021
COURT FILE NO.: CV-19-00620260
DATE: 20210422
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
DECO HOMES (RICHMOND HILL) INC.
Plaintiff
- and -
ANTON O. SERIKOV and VIKTORIIA NAGIIEVA
Defendants
REASONS FOR DECISION – COSTS
PERELL J.
Released: April 22, 2021
[^1]: Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079