Court File and Parties

COURT FILE NO.: CV-19-00140891 DATE: 25042022 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Farhad Masoomi also known as Farhad Massomi, Plaintiff AND: Liang Qin Chen and Your Community Realty Inc. o/a Royal LePage Your Community Realty a.k.a. Royal LePage Your Community Realty, Brokerage, Defendants

BEFORE: Regional Senior Justice M.L. Edwards

COUNSEL: Mark A. De Sanctis, Counsel, for the Plaintiff Lian Quin Chen, Self-Represented Defendant

HEARD: In Writing

COSTS ENDORSEMENT

[1] On January 31, 2022, I released my Endorsement awarding the Plaintiff approximately $174,000 in damages as a result of a failed real estate transaction. I directed that the parties submit written submissions to the court by February 20, 2022, with respect to costs. I have received written submissions from the Plaintiff seeking costs on a substantial indemnity basis in the amount of approximately $19,000, and in the alternative partial indemnity costs in the amount of approximately $17,000.

[2] The offers made between the parties demonstrate that the Defendants would have been wise to have considered the offers made by the Plaintiff to resolve this matter short of the motion that was ultimately disposed of on January 31, 2022. In that regard, the Plaintiff served an offer to settle on January 5, 2021, the terms of which would have required the Defendant to pay $135,000 plus costs of $10,000. The offer was open for acceptance until February 5, 2021. The Defendant responded with an offer that would have forfeited the deposit of $50,000 with a further payment of $30,000, for a total of $80,000.

[3] It is quite clear that the judgment of this court was considerably more favourable than the terms which had been offered to the Defendant pursuant to the Plaintiff’s offer to settle dated January 5, 2021. As such the Plaintiff should be entitled to partial indemnity costs up to the date of the offer and thereafter costs on a substantial indemnity basis.

[4] The court is also required to fix costs that are fair, reasonable and proportionate, and also costs that the Defendant could reasonably have anticipated he might have to pay as the losing party. With these principles in mind, I am fixing costs in the amount of $18,000 all inclusive, which costs are payable forthwith.

[5] As for the issue of prejudgment interest, the Plaintiff is entitled to prejudgment interest from July 1, 2017 (the day of default) to January 26, 2022 (the date of the court order). Interest is calculated in the amount of $7,099.57, which will be reflected in the judgment of this court.

M.L. Edwards, R.S.J.

Date: April 25, 2022