COURT FILE NO.: CV-17-575764 DATE: 20230222 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN: HOSSEIN ABOUTALEB-MARAGHEH Plaintiff
- and – PAYMAN KHANLARI and SANAM SARAH KHANLARI Defendants
Counsel: Golnaz Nayerahmadi and Matthew W. Taylor for the Plaintiff
Heard: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
A. Introduction
[1] On a judgment motion, the Plaintiff, Hossein Aboutaleb-Maragheh, successfully moved for a judgment that the Defendant Payman Khanlari repay a $300,000 (USD) loan to Mr. Aboutaleb-Maragheh. I dismissed the action as against the Defendant Sanam Khanlari, who was the guarantor of the loan, and I granted Mr. Aboutaleb-Maragheh a judgment of $300,000 (USD) without interest against Mr. Khanlari. [1] Converted into Canadian dollars, Mr. Aboutaleb-Maragheh recovered a judgment of $406,960 at the Bank of Canada exchange rate on December 28, 2022 of 1.3565.
[2] Mr. Aboutaleb-Maragheh seeks costs. The self-represented Mr. Khanlari did not submit any costs submissions.
[3] Mr. Aboutaleb-Maragheh seeks costs on mixed partial indemnity and substantial indemnity basis of $112,867.50 for costs plus HST ($14,672.78), plus disbursements of $24,083.13 (inclusive of HST) for a total figure of $151,623.41 for the costs of the summary judgment motion and the action.
[4] The amount sought excludes costs associated with attempts to serve the co-Defendant, Sanam Sarah Khanlari, including various motions before associate justices for extension of time and substituted service.
[5] The costs on a partial indemnity basis are until November 14, 2022, when he served a Rule 49 settlement offer. From that date onward, including the argument of the summary judgment motion in December 2022, Mr. Aboutaleb-Maragheh seeks substantial indemnity costs ($21,190), because his all-inclusive offer of $425,000 was lower than the judgment of $406,960 plus partial indemnity costs.
[6] I have reviewed the unopposed costs submissions and the unopposed detailed Bill of Costs submitted by Mr. Aboutaleb-Maragheh, and I am satisfied that the costs claimed are reasonable and I am satisfied that the costs were necessarily expended legal expenses.
[7] Considerable legal work was necessary because of the tough resistance offered by Mr. Khanlari, who is a sophisticated businessman who professed and demonstrated having considerable self-taught legal acumen and who did from time to time have off the record legal assistance.
[8] In short, Mr. Khanlari was a tough opponent, and Mr. Aboutaleb-Maragheh’s unopposed claim for costs is reasonable and within the principles that guide the court’s discretion with respect to costs as set out rule 57.01 of the Rules of Civil Procedure.
[9] I grant the costs as requested. Order accordingly.
Perell, J. Released: February 22, 2023
COURT FILE NO.: CV-17-575764 DATE: 20230222 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN: HOSSEIN ABOUTALEB-MARAGHEH Plaintiff
- and – PAYMAN KHANLARI and SANAM SARAH KHANLARI Defendants
REASONS FOR DECISION – COSTS
PERELL J. Released: February 22, 2023