Court File and Parties

COURT FILE NO.: CV-15-523545

DATE: 20210812

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Jamila Khwaja, Plaintiff

AND:

Imran Jinnah, Asma Jinnah and 53 Puccini Mortgage Corp., Defendants

BEFORE: Sharma J.

COUNSEL: Emilio Bisceglia, for the Plaintiff

Stephen Schwartz, for the Defendant 53 Puccini Mortgage Corp.

Endorsement

[1] This is my cost decision following my decision on this summary judgment motion, which was released on June 28, 2021. In that decision, the plaintiff was successful in her efforts to recover a $100,000 investment she had made, although I discounted that amount by $18,700, representing interest payments made to her.

[2] The parties were unable to agree upon an appropriate cost award. The plaintiff and the defendants have both made written submissions. The plaintiff seeks partial indemnity costs in the amount of $30,394.56. The defendant submits that the plaintiff has inaccurately calculated partial indemnity costs. Rather than representing 55-60% of actual costs, $30,394.56 represents 70.3% of the actual fees paid.

[3] Pursuant to s. 131(1) of the Courts of Justice Act, the Court has a broad discretion when determining the issue of costs. Rule 57.01(1) sets out the factors to be considered by the Court when fixing costs.

[4] The overall objective of fixing costs is to determine an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant: Boucher v Public Accountants Counsel for Ontario, 2004 CanLII 14579 (ON CA), [2004] OJ. No. 2634 (C.A.). In determining costs, I have considered the factors set out in rule 57.01(1), the parties’ submissions, as well as the principle of proportionality set out in rule 1.04(1.1).

[5] I order that the defendants pay the plaintiff’s costs of this motion and this action fixed in the amount of $23,000, inclusive of disbursements and HST.

Sharma J.

Date: August 12, 2021