Court File and Parties

COURT FILE NO.: CV-23-00704117-0000 DATE: 20240222 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

PK CAPITAL INVESTMENT INC. Plaintiff – and – DINA KANAAN Defendant

Counsel: Robert S. Choi, Lawyers for the Plaintiff Philippa Geddie, Lawyers for the Defendant

HEARD: IN WRITING

Reasons for Decision on Costs

G. DOW, J.

[1] This defendant’s motion to dismiss the action, without leave to amend, proceeded before me, in writing. My Reasons, dated January 11, 2024, (2024 ONSC 264) struck out the Statement of Claim with leave granted to the plaintiffs to deliver an Amended Statement of Claim.

[2] While I urged the parties to agree on costs and noted divided success “which could lead to an order as to costs” (at paragraph 29), I provided the parties until February 9, 2024 for counsel to forward limited written submissions. I received same from counsel for the defendant on February 8, 2024.

[3] No responding submissions were received from the plaintiff (or uploaded to CaseLines) and thus I am unaware of any intention by the plaintiff to prepare and serve an Amended Statement of Claim.

[4] Counsel for the defendant, as a member of a legal clinic, correctly noted that providing legal services to persons of low income in Ontario and University of Toronto students on a reduced or pro bono basis was not a factor to consider.

[5] The defendant also relied on its Rule 49 Offers to Settle dated August 31 and September 20, 2023, the first of which consented to a dismissal of the action without costs and the second sought dismissal of the action with payment of nominal costs and filing fees. Neither Offer to Settle attracts the costs consequences as set out in Rule 49.10 as the action was not dismissed.

[6] While the written submissions were entitled “Costs Outline”, the material forwarded only cited counsel for the defendant as a 2010 year of call using an hourly rate of $275 per hour. I find same to be reasonable. No breakdown of the 26.31 hours expended was provided. This also is reasonable in the circumstances.

[7] The defendant sought $4,341.15 for partial indemnity fees (being sixty percent of the rate claimed) plus HST of $564.35 and the filing fees of $339, which total $5,244.50. I find same to be reasonable.

[8] I agree that there should be costs consequences for issuing and serving a Statement of Claim which I have found to be deficient and failed to raise a tenable cause of action. The defendant was successful, except for leave to amend, which the plaintiff has not confirmed it will proceed to do.

[9] As a result, I grant the defendant’s request for costs as sought, fixed in the amount of $5,244.50, inclusive of partial indemnity fees, HST and disbursements, payable forthwith.

Mr. Justice G. Dow

Released: February 22, 2024