Court File and Parties

Court File No.: CV-24-301 Date: 2025-09-09

Superior Court of Justice - Ontario

Re: Jane Doe, Plaintiff

- and -

Daniel Marinescu, Defendant, in default

Before: Anne London-Weinstein J.

Counsel: Mannit Zemel, for the Plaintiff

Heard: In Writing

Costs Endorsement

[1] The Plaintiff was successful in her motion for default judgment against the Defendant in this case. The Defendant did not file any material on the motion. Rule 57 of the Rules of Civil Procedure, RRO 1990, Regulation 194 ("the Rules") sets out the factors which may be considered when making an award of costs. The successful party, in this case the Plaintiff, is entitled to her costs.

[2] In considering some of those relevant factors I find that the costs claimed are appropriate to be awarded on a partial indemnity basis.

[3] Counsel in this matter is experienced and was called to the Bar in 2005. The costs sought in this matter are essentially for the entire action as this default judgment ends the litigation. The costs expended are reasonable in light of the amount recovered. The Defendant was found to be entirely at fault in these proceedings. The issues in this case are of critical importance as matters of the protection of privacy are assuming heightened importance in the digital age.

[4] The court finds the costs expended on this file in the amount of $43,821.00 on a partial indemnity basis to be reasonable and reflective of the time expended to complete this matter.

[5] The Plaintiff was successful in terms of recovery of general damages, aggravated damages, special damages and punitive damages.

[6] The Defendant not only did not file any material in this case, but was obstructionist in relation to avoiding service of the materials in this case.

[7] Costs are awarded to the plaintiff in the amount of $43,821.00.

Date: September 9, 2025

Anne London-Weinstein J.

Released: September 9, 2025