Court File and Parties

COURT FILE NO.: CV-21-86304

DATE: 2024/07/05

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Fariborz Tavana, Plaintiff (Responding Party)

AND

Steven Greenberg, Defendant (Moving Party)

BEFORE: The Honourable Justice C.T. Hackland

COUNSEL: The Plaintiff, self represented

Steven Cavanagh, for the Defendant

HEARD: In writing

(Costs) ENDORSEMENT

[1] The defendant bought a successful summary judgement motion as a result of which the plaintiff’s action herein was dismissed. The plaintiff’s action involved allegations that the defendant, who was his former solicitor, had not competently represented him in a dispute involving a company (in which he was a shareholder and director) and the federal government, pertaining to an alleged failure of the company to obtain required export permits.

[2] The court accepted the defendant’s position before this court that the plaintiff had no standing or entitlement to assert a cause of action for losses allegedly incurred by the company. Rather, the losses, if any, belonged to the company in which he was a shareholder and this company seized to exist and was deregistered, without making any assignment of its rights to the plaintiff. Furthermore, the relevant issues had been finally decided in prior proceedings in the Federal Court, which the plaintiff pursued through other counsel. Accordingly, the issues in the present proceeding were res judicata and the present proceeding constitutes an abuse of process.

[3] The defendant, having been entirely successful on the present motion and with due regard to the relevant Rule 57 factors in awarding costs, he is clearly entitled to his costs of the motion and of the proceeding. In his costs submissions the plaintiff has attempted to re-argue the summary judgement motion on the merits. This is improper and does not assist the court in considering the issue of costs.

[4] The successful defendant now seeks his costs of the summary judgement motion and of the action. Notwithstanding the abuse of process aspect of the plaintiff’s action, the defendant is content to claim costs on a partial indemnity basis. The defendant claims fees in the sum of $7,291.55 and disbursements of $668.77, both amounts are inclusive of HST.

[5] Upon review of the defendant’s costs outline, the court is of the view that the hours expended and the rates charged by defendant’s counsel are reasonable and indeed modest, particularly considering the seniority and expertise of the defendant’s counsel and the efficient manner of handling this case. A summary judgement motion was manifestly appropriate in the circumstances of this case.

[6] The court awards the defendant his costs of the action, inclusive of the summary judgement motion, fixed in the sum of $7,960, all in, payable forthwith by the plaintiff to the defendant.

Justice Charles T. Hackland

Date: July 5, 2024

COURT FILE NO.: CV-21-86304

DATE: 2024/07/05

ONTARIO

SUPERIOR COURT OF JUSTICE

RE: Fariborz Tavana, Plaintiff (Responding Party)

AND

Steven Greenberg, Defendant (Moving Party)

BEFORE: The Honourable Justice C.T. Hackland

COUNSEL: The Plaintiff, self represented

Steven Cavanagh, for the Defendant

(COSTS) ENDORSEMENT

Justice Charles T. Hackland

Released: July 5, 2024