Superior Court of Justice

Court File No.: CV-22-2498-00 Date: 2023-09-05

Ontario Superior Court of Justice

Between:

Sukhminder Kaur Sidhu Applicant/Respondent on Cross-Application (Latania Dyer, for the Applicant/Respondent on Cross-Application)

- and -

Parminder Sidhu and Amandeep Sidhu Respondents/Cross-Applicants (Prabhjot Badesh, for the Respondents/Cross-Applicants)

Heard: June 13-15, 26-27, 2023

Reasons on Costs

MANDHANE J.

[1] On August 31, 2022, Sukhminder Sidhu brought an application for partition and sale of the property at 55 Canarvan Court in Brampton, Ontario (the “Property”). Amandeep Sidhu and Parminder Sidhu brought a cross-application claiming unjust enrichment and 50% of the proceeds from the sale of the Property based on their contributions to the mortgage payments and house maintenance costs. They said that the parties were involved in a “joint family venture” such that they are entitled to a monetary remedy on a “valued survived” basis.

[2] Sukhminder was the successful party at trial, retaining 100% of the proceeds of sale: Sidhu v. Sidhu, 2023 ONSC 4618. She now claims substantial indemnity costs in the amount of approximately $43,000. Parminder and Amandeep did not make any submissions on the issue of costs.

[3] I have broad discretion when it comes to awarding costs: Courts of Justice Act, R.S.O. 1990, c. C.43, s. 131(1). I must consider the factors set out in Rule 57.01(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg 194, including but not limited to: offers to settle, the complexity and importance of the matter, the conduct of any party during the litigation, the principle of indemnity, and the amount that an unsuccessful party could reasonably expect to pay.

[4] Sukhminder was more successful at trial than both of Parminder and Amandeep’s offers to settle. The trial was not overly complex, however, the parties did attend examinations for discovery and counsel reviewed voluminous disclosure. The trial itself lasted five days and included five witnesses. Both counsel were prepared for trial and provided me with written closing submissions. The claimed disbursements were reasonable and did not include any experts. Mr. Dyer’s hourly rate of $250 per hour is reasonable given her limited years of experience.

[5] With these factors in mind, I find that the costs claimed by Sukhminder are reasonable. Parminder and Amandeep shall be jointly and severally liable to pay costs to Sukhminder in the amount of $43,000, all inclusive.

Mandhane J. Released: September 5, 2023