Court File and Parties

Court File No.: CV-25-747560 Date: 2025-09-26 Superior Court of Justice - Ontario

Re: 12814307 Canada Inc. o/a Hymus Sports, Plaintiff And: 2700688 Ontario Inc. and RSG Hymus Road Holding Inc., Defendants

Before: Schabas J.

Counsel: Ocean Yam Enbar, for the Plaintiff Raghav Vig, for the Defendants

Heard: In writing

Costs Endorsement

[1] On August 29, 2025, I granted the plaintiff's motion for an interlocutory injunction enjoining the defendants from interfering with the status quo of the plaintiff's tenancy at premises owned by the defendants. My Reasons are reported at 12814307 Canada Inc. v. 2700688 Ontario Inc. et al, 2025 ONSC 4951.

[2] I have now received costs submissions from the plaintiff. No response was filed by the defendants; however, they filed a Costs Outline for the motion.

[3] The plaintiff seeks costs on a substantial indemnity basis in the total amount of $44,086.96. It relies on its Offer to Settle served on August 19, 2025, which proposed to settle the motion on essentially the same basis as the relief granted by me, and that the parties would bear their own costs. The plaintiff also submits that costs on an elevated scale are warranted given the importance and complexity of the matter, and the conduct of the defendants including taking unreasonable positions in the case.

[4] Alternatively, the plaintiff seeks partial indemnity costs to the date of the Offer to Settle in the amount of $21,968.53 and substantial indemnity costs thereafter of $11,098.25, for a total of $33,066.78.

[5] The plaintiffs' amounts may be contrasted with the sums in the defendants' Costs Outline, which, including disbursements, were just over $10,000 on a partial indemnity scale based on actual costs of just over $17,000.

[6] I have had regard to the factors in Rule 57.01 of the Rules of Civil Procedure. I have also considered the principles in Boucher v. Public Accountants Council for the Province of Ontario, and in particular that the overall objective of fixing costs is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular circumstances.

[7] Having regard to those factors, as well as to the Offer to Settle, I fix costs at $33,000 inclusive of disbursements and HST. While this may be more than the defendants paid their lawyers, the plaintiff bore the burden of proof on the motion and was entirely successful. The defendants' conduct, while not reaching a level to justify costs throughout on substantial indemnity scale, was objectionable and they ought to have accepted the Offer. In all the circumstances, therefore, $33,000 is an amount that the defendants ought reasonably to have expected to pay if unsuccessful.

Paul B. Schabas J.

Date: September 26, 2025