Suzana Kovacevic v. Emir Kovacevic

Court File and Parties

Date: 2024-03-18 Superior Court of Justice - Ontario

Re: Suzana Kovacevic v. Emir Kovacevic

Before: Associate Justice Rappos

Counsel: Suzana Kovacevic, self-represented Plaintiff Marek Tufman, for the Defendant Sonia Regenbogen, for AB Sciex Ltd. (non-party)

Heard: In writing

Costs Endorsement

[1] As set out in my Reasons for Decision dated December 18, 2023 (Kovacevic v. Kovacevic, 2023 ONSC 7093) (the “Decision”), I dismissed the motions brought by the Plaintiff.

[2] The parties were unable to reach an agreement regarding costs. The Defendant, and the non-party, AB Sciex Ltd. (“Sciex”), delivered written costs submissions in accordance with the deadline of January 19, 2024 set out the Decision.

[3] In an e-mail dated January 22, 2024 sent to my Assistant Trial Coordinator, the Plaintiff indicated that she would be doing her cost submissions “in approximately one week to 10 days”.

[4] The Plaintiff did not deliver written cost submissions by February 2, 2024 as required in the Decision.

[5] In an e-mail dated February 14, 2024 sent to my Assistant Trial Coordinator, the Plaintiff requested an extension on providing costs submission as she was in the “process of retaining a lawyer to advise as to the next steps” and “I will need guidance from the lawyer as to the next steps of Mr. Kovacevic and his lawyer answering for this illegal and criminal action.” The Plaintiff also requested an extension as she is “not working have no means to cover any costs and given that this action is not completed I’m asking that it be postponed”.

[6] I am not prepared to grant an extension to the Plaintiff regarding her cost submissions.

[7] On the issue of retaining a lawyer, the reference in her e-mail was related to next steps in the proceeding that she wishes to take against the Defendant and is not in connection with completing her written submissions. Additionally, the Plaintiff has been a self-represented litigant in this proceeding, as well as other proceedings she has commenced with respect to the Defendant, for many years. She has shown herself to be quite capable in preparing and delivering written documents for motions, researching the law, and making oral submissions to the Court.

[8] The Plaintiff also requested an extension due to an alleged inability to pay any costs award. If the Plaintiff wished to request that the Court not award costs against her due to her inability to pay, or that costs of the motion be deferred and dealt with in the cause, she could have made such submissions to the Court. However, she chose not to do so, and I do not believe raising these issues for the first time via e-mail almost two weeks after the deadline for her written submissions to be served and filed warrants or justifies an extension.

[9] As set out in the Decision, I dismissed the Plaintiff’s motion for an order compelling three former employees of Sciex to be examined for discovery under rule 31.10 of the Rules of Civil Procedure, and for an order directing Sciex to produce certain documents in accordance with the decision of Associate Justice Graham dated December 28, 2022. I also dismissed the Plaintiff’s motion for an order requiring the Defendant to continue his examination for discovery, and for an order compelling the Defendant’s wife to be examined under rule 31.10.

[10] Costs of a step in a proceeding are in the discretion of the Court, as set out in section 131 of the Courts of Justice Act. Rule 57.01 of the Rules of Civil Procedure sets out factors that the court may consider in exercising such discretion. The overriding principles in determining costs are fairness and reasonableness (Boucher v. Public Accountants Council for the Province of Ontario, at paras. 24, 26, and 37-28).

[11] Sciex seeks partial indemnity costs of $16,849.30 all inclusive, which includes $14,910.88 for legal fees. Sciex’s Costs Outline shows 100 hours of time being spent in connection with the motions, almost evenly split between two lawyers, one a 2002 call and the other a 2022 call. The partial indemnity rate for each lawyer is said to be 40% of their full indemnity rate.

[12] In my view, the time spent by Sciex was beyond what could reasonably have been anticipated by the Plaintiff as the party bringing the motion. The issues were not overly complex, and I don’t believe required the significant involvement of senior counsel throughout the process.

[13] As a result, I believe a reduction in the amount sought is warranted. In my view, a fair and reasonable amount of costs payable to Sciex for the motions is $13,500 all inclusive.

[14] With respect to the Defendant, he seeks partial indemnity costs of $7,753 all inclusive. In my view, given that the relief sought against the Defendant was narrow and not complex, a fair and reasonable amount of costs payable to the Defendant for the motion is $6,500 all inclusive.

[15] As a result, I hereby fix costs in the amount of $13,500 payable by the Plaintiff to Sciex, and in the amount of $6,500 payable by the Plaintiff to the Defendant. The costs are payable by the Plaintiff within 30 days of the date hereof.

[16] The parties shall agree to a form of order and shall send it by e-mail to my Assistant Trial Coordinator for my review.

Associate Justice Rappos Date: March 18, 2024