Court File and Parties

Court File No.: CV-25-734581-0000 Date: 2025-10-10 Ontario Superior Court of Justice

Between: Westjax Realty Inc., Plaintiff – and – Sameer Khan, Defendant

Counsel: Dominique Michaud, for the Plaintiff No one appearing for the defendant Sameer Khan

Heard: In Writing

Before: MA Sanderson, J.

Further Supplementary Reasons

[1] In the exercise of my discretion on costs, given Westjax's failure in its original motion materials and in its factum herein, to direct this Court's attention to the possible effect on its claim of s. 8 of the Interest Act, and to a lesser extent, given its $126,999.99 error in its suggested recalculation of the amount submitted to be owing by Mr. Khan on his guarantee as of November 4, 2024, [and the consequent error in its suggested recalculation of interest amounts payable thereafter], I am of the view that Westjax should not be entitled to the costs it has claimed on this motion for default judgment.

[2] Post-judgment interest will be pursuant to the Courts of Justice Act.

[3] I have amended the draft judgment submitted accordingly.

MA Sanderson, J.

Released: October 10, 2025