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
1On 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.
2Mr. Aboutaleb-Maragheh seeks costs. The self-represented Mr. Khanlari did not submit any costs submissions.
3Mr. 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.
4The 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.
5The 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.
6I 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.
7Considerable 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.
8In 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.
9I 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